Benovelant

THE UTTAR PRADESH JUDICIAL OFFICERS ' BENEVOLENT FUNDSCHEME, 1997

1. SHORT TITLE AND COMMENCEMENT:

  1. This Scheme may be called the Uttar Pradesh Judicial Officers' Benevolent Fund Scheme,1997
  2. It shall come into force with effect from January 1,1997.

2. OFFICE OF THE SCHEME

The Office of the Scheme shall be at A-l, Judges compound, River Bank Colony, Lucknow.

3. DEFINITIONS:

In this Scheme, unless the context otherwise requires

  1. "Association" means the Uttar Pradesh Judicial Service Association;
  2. "Controlling Body" means the Controlling Body constituted under clause 9, of the Scheme:
  3. "Family" means Husband or wife, as the case may be, minor children, unmarried daughter and other dependants legal heirs of a Member and includes a nominees of the Member;
  4. "Form" means a Form appended to the Scheme;
  5. "Fund" means the Fund referred to in clause 7 of the Scheme;
  6. "General Body" means the General Body constituted under clause 8 of the Scheme;
  7. "High Court" means the High Court of Judicature at Allahabad.
  8. "Judicial Officer" means an Officer belonging to the Service.
  9. "Member" means a Member of the Scheme;
  10. "Principal Secretary Judicial" means the Principal Secretary to the State Government of Uttar Pradesh in the Judicial Department.
  11. "Scheme" means the Uttar Pradesh Judicial Officers' Benevolent Fund Scheme.
  12. "Service" means the Uttar Pradesh Nyayik Sewa or the Uttar Pradesh Higher Judicial Service as the case may be.
  13. "Treasurer" means the Treasurer of the Scheme;

4. OBJECTS OF THE SCHEME

The objects of the Scheme shall be as follows:-

  1. To create the Fund for the benefit of the Members and their Family.
  2. To provide financial assistance to the Family of a Member on his death during service;
  3. To provide financial assistance to a Member,who has become permanently disabled resulting in discontinuance of his service as Judicial Officer.
  4. Such other objects as may be considered proper by the General Body.

5. MEMBERSHIP:

  1. All Judicial Officers shall be eligible to be Members of the Scheme.
  2. A Judicial Officer who desires to be a Member of this Scheme, shall apply in Form- I to the Controlling Body.
  3. The Membership fee shall be Rupees #Five hundred which shall be payable in cash or through bank draft in favour of the Treasurer of the Scheme. A person will become Member only after the amount of the Membership fee, and the amount of contribution specified in clause 7, are credited to the account of the Scheme or paid to the Treasurer in Cash. The Membership fee shall be non - refundable.
  4. No application for membership shall be entertained unless it is accompanied by the Member¬ship fee and the amount of the contribution specified in clause 7.

6. PAYMENT OF THE MEMBERSHIP FEE AND THE CONTRIBUTION:

The amount of the Membership fee and the contribution shall be paid to the Treasurer and the sum so received shall be deposited by the Treasurer in the manner hereinafter provided.

7. FUND

  1. There shall be a fund to be called the Uttar Pradesh Judicial Officers' Benevolent Fund in which the amount of the contributions received from the Members, and such grants, donations and other financial assistance as may be approved by the Controlling Body, shall be credited.
  2. Each Member shall contribute rupees #Five Thousand towards the Fund #which shall be non refundable.
  3. ( DELETED) EXPLANATION: A Judicial Officer shall cease to be the Member if he retires from the .Service or dies or otherwise ceases to be Member of the Service.

8. GENERAL BODY:

  1. All the Members of the Scheme shall constitute the General Body.
  2. The General Body may, from time to time formulate and issue such guidelines for implementation of this Scheme, as it may consider necessary.

9. CONTROLLING BODY

The Controlling Body shall consist of the following members :—

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  1. No act or proceedings of the Controlling Body shall be invalid merely on the ground of any vacancy or defect in the constitution of the Controlling Body.
  2. The senior most Member of the Controlling Body present in the meeting shall preside over the meeting.
  3. The District Judge, Lucknow shall be the Treasurer of the Scheme.
  4. The Secretary of the Association at Lucknow shall be the Convenor of the Controlling Body.
  5. The Treasurer of the Association shall be the Associate Treasurer of the Scheme.

10. FUNCTIONS OF THE CONTROLLING BODY:

Subject to the provisions of the Scheme, the Controlling Body shall perform the following functions :-

  1. To take steps for raising of the Fund and to keep a full and proper account thereof;
  2. To make adequate arangements for proper maintenance, safe custody and invest ment of the Fund;
  3. To determine and provide financial assistance without undue delay;
  4. To take steps for carrying out the guidelines, if any, issued by the General Body;
  5. To do all such things as may be required for the efficient management and functioning of the Scheme.

11. DUTIES OF THE TREASURER:

The duties of the Treasurer shall be :-

  1. To maintain or cause to be maintained correct accounts of income and expendi ture in the accounts book;
  2. To prepare or cause to be prepared Annual Financial Statement of income and expenditure and place it by thirtieth April every year before the Controlling Body;
  3. To issue receipts of Membership fee, contributions and other payments.

12. DUTIES OF THE CONVENOR:-

The Convenor shall convene meetings of the General Body and the Controlling Body and shall maintain minute books of the meetings thereof and shall also maintain the Membership register, in which the names, designations and such other particulars of the Members as may be directed by the Controlling Body, shall be mentioned. He shall also perform such other duties as may be assigned to him by the Controlling Body, the President of the Association or the Treasurer.

13. DUTIES OF THE ASSOCIATE TREASURER:

The Associate Treasurer shall assist the Treasurer in the discharge of his duties, and shall discharge such other duties as may be assigned to him by the Controlling Body, the President of the Association or the Treasurer.

14. BANK DEPOSITS:

  1. The Membership fees shall be deposited in the account of the Scheme in Current or Savings Bank Account in a Nationalised Bank at Lucknow and shall be operated jointly by the Treasurer and the President of the Association. A cash amount of rupees #Ten thousand may be kept with the Treasurer for urgent and routine purposes.
  2. The amount of the Fund shall be deposited in the account of the Scheme in a Nationalised Bank at Lucknow in Fixed Deposits or in any other financial institution, as may be approved by the Controlling Body #" as joint account" and shall be operated #either by the Treasurer #or the President of the Association.

15. UTILISATION OF MEMBERSHIP FEE AND THE FUND:

  1. The amount of the Membership fee shall be utilized to meet office expenses of the Controlling Body and such other exigency as may be approved by the Control ling Body.
  2. The amount of the Financial Assistance shall be paid, as far as possible, out of the interest accrued from the investments of the Fund.

16. MEETINGS

  1. The General Body shall meet at least once in every two years at such time and place as may be appointed by the Controlling Body and the senior most Member of the Controlling Body present in the meeting shall preside over the meeting of the General Body On receipt of a request made by one fifth Members of the General Body, the Controlling Body shall convene a special meeting of the General Body.
  2. The Controlling Body shall meet at least once in every quarter at such time and place as may be appointed by the President of the Association.
  3. Save as otherwise provided in this Scheme, all matters which come up before any meeting of the General Body and the Controlling Body shall be decided by a majority of the Members present and voting.
  4. A prior notice of at least seven days for the meeting of the Controlling Body, andof one month for the meeting of the General Body, shall be given to the Members,

17. QUORUM

#Seven members of the Controlling Body shall form the quorum of the Controlling Body and one fifth members shall form the quorum of the General Body. If the quorum is not complete, the meeting shall be adjourned for another date.

18. PROCEDURE FOR DETERMINATION OF FINANCIAL ASSISTANCE:

  1. On receiving an information regarding permanent disability or death of a Member, from the concerned District Judge or Head of the Department, or otherwise, the Controlling Body shall expeditiously determine the amount of the financial assistance payable to the Member or to the family of the deceased Member, as the case may be.
  2. The Controlling Body shall ascertain from the concerned District Judge or the Head of the Department, or otherwise, details of the Family of a deceased Member, for making payment) the financial assistance in order of preference specified in clause 19 of the Scheme.
  3. The Controlling Body shall, as for as may be practicable, maintain uniformity in determination of the amount of the financial assistance.

19. ORDER OF PREFERENCE FOR THE FINANCIAL ASSISTANCE:

The amount of the financial assistance, shall be payable to the Member in case of :-

  1. Permanent disability resulting in discontinuance of his service as Judicial Officer and in case of death of a Member.
  2. Ailment relating to Disease of serious nature, and in serious accidental cases which require immediate treatment to save life of the officer and his family.

    To the following persons in order of preference given hereunder :-.

    1. Nominee, if any, of the Member; #But the member of this class will not be entitled to recieve any payment under rule,19[B]
    2. Husband or wife, as the case may be;
    3. Minor children;
    4. Unmarried daughter;
    5. Other dependent legal heirs, if any.
      • In the case of (A) Rs. 5 lacs shall be paid which shall be non refundable. In case of (B) Rs. up to one lac shall be awarded as financial assistance, which shall be refundable within 2 years from the disbursement and without interest. But in case of death this amount is deductible from Rs 5 lacs given u/s 19 (A).
      • In special cases. if necessary, Rupees fifty thousands may be given in addition to the amount as mentioned in 19[B] for the same cause, on the prior approval of President and Secretary General of the Association by the Treasurer of the Scheme.

    EXPLANATION

    If any dispute arises as to the entitlement of the financial assistance, the decision of the Controlling Body in respect thereof shall be final.

20. AMENDMENT OF THE SCHEME:

The General Body, and in case of an urgency, the Controlling Body, subject to the approval the General Body, may, by resolution of majority of members present and voting, alter, amend rescind any of the provisions of the Scheme

21. DELEGATION OF POWERS:

The General Body and the Controlling Body may, by resolution, delegate to the President! the Association or any other Member of the Controlling Body, subject to such conditions a limitations as may be specified in the resolution, such of their functions under the Scheme as they 10 deem necessary.

22. INTERPRETATION:

If any doubt or dispute arises as to the interpretation of any provisions of the Scheme, the decision of the Controlling Body, thereon, shall be final.

Amendments Inserted by resolution passed by Controlling Body meeting on 26 March 2010 in Lucknow, which shall be applicable with effect from 23 February 2010 date of Notification issued by the state of U.P .

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