JUDGMENT 1. - Petitioner is enrolled as an Advocate to the Bar Council of Rajasthan. Initially he was enrolled in the year 1963. However, after getting employment elsewhere the petitioner got his practice suspended in the year 1968. Subsequently, the petitioner resumed his practice as an Advocate in the year 1993. 2. In the meanwhile, Rajasthan Advocates Welfare Fund Act, 1987 had already come into force. The petitioner submitted an application for membership of the Rajasthan Advocates Welfare Fund under Section 16 of the Act of 1987. The application was rejected by the Bar Council vide letter dated 23rd April, 1994, on the ground that since the petitioner had been in employment for more than 20 years before resuming his practice, he was not entitled to get the benefits from the fund as provided under Section 18 of the above Act. 3. The petitioner filed an appeal against the above order of rejection. However, the appeal was also rejected by the General Body of the Bar Council of Rajasthan, which was communicated to the petitioner vide letter dated 26.9.1994. While challenging the above orders passed by the Bar Council, rejecting his application for enrolment to the Welfare Fund, the petitioner has prayed for directions to the respondent-Bar Council to admit the petitioner as a member of the Advocate Welfare Fund. 4. After issuing of notices, a short reply has been filed on behalf of the Bar Council. In reply, it has been submitted that in view of the provisions of Section 18 of the Act of 1987, since the petitioner is not entitled for benefits under the fund, he is also not entitled for enrollment as a member of the Welfare Fund. 5. After hearing counsel for the parties, I have carefully gone through the material on record and also the relevant provisions of the Rajasthan Advocates Welfare Fund Act, 1987. 6. Section 16 of the Welfare Fund Act requires every Advocate practising before any Court, Tribunal or other authority legally authorised by any law to take evidence or to adjudicate or decide any dispute in the State shall apply to the Trustee Committee for admission as a member of the fund in such form as may be prescribed under Section 16 of the above Act. Section 16 further provides that on receipt of an application under sub-section... Section 16 further provides that on receipt of an application under sub-section... the Trustee Committee shall make such enquiry as it deems fit and either admit the applicant to the Fund or, for reasons to be recorded in writing, reject the application provided that no order rejecting an application shall be passed unless the applicant has been given an opportunity of being heard against rejection of his application. 7. The disqualifications for admission to the Fund have not been provided under the Act. Section 18 is only in regard to the restrictions of benefits from Fund, which is reproduced here as under "18. Restriction on benefits from Fund.- (1) Notwithstanding anything to the contrary contained in this Act, if any advocate after his admission to the Fund joins any employment and thereafter obtains retirement after serving there for a period of not less than twenty years, he shall not be entitled to any amount more than what would be admissible to him for such number of years of standing as he has remained member of the Fund before joining the employment but if he resumes practice after such retirement and furnishes to the Bar Council a declaration in the prescribed form, he will not be required to affix any stamp as required by sub-section (1) of Section 20 and shall also not be entitled to any benefit under this Act for any period after such resumption. (2) Notwithstanding anything contained in section 17 or in any other provision of this Act, a person who gets himself enrolled as an advocate after serving under any employer for a period not less than twenty years, he shall not be entitled to receive any amount under Section 17 and shall also not be liable to affix any stamp as required by sub-section (1) of Section 20 subject to his making a declaration to the Bar Council in the prescribed manner." 8. The application of the petitioner for enrollment as a member of Fund has been rejected only on the ground of provisions made under Section 18. In my opinion, the stand taken by the Bar Council for not enroling the petitioner as a member of the Fund is wholly unjustified and not sustainable in the eyes of law, moreso, in absence of any disqualifications for enrollment of the members enumerated in the Act itself. In my opinion, the stand taken by the Bar Council for not enroling the petitioner as a member of the Fund is wholly unjustified and not sustainable in the eyes of law, moreso, in absence of any disqualifications for enrollment of the members enumerated in the Act itself. Even otherwise, the respondents have not submitted any thing as to on what ground the petitioner is otherwise disqualified for becoming a member of the Fund. 9. Section 18 of the Act is only in regard to the benefits from the Fund, however, it does not debar any person to be enrolled as member of the Fund. Furthermore, looking to the very wordings of Section 16 of the Act, it makes compulsory for every Advocate to be a member of the Fund. It is only after becoming a member of the fund, as and when any member applies for any benefit provided under the Act, it is for the Bar Council to grant the same benefit i accordance with relevant provisions of the Act. If any restrictions are provided under the Act for denying such benefits under certain exigencies as enumerated under Section 18, the Bar Council can always pass necessary orders on the application filed by any member for such benefit. However, he cannot be denied membership or enrollment to the Welfare Fund itself. 10. Accordingly, the writ petition is allowed. The Bar Council of Rajasthan is directed to consider the application of the petitioner for enrollment as a member of the Advocates Welfare Fund and pass necessary orders within thirty days from the date of receipt of certified copy of this order. If the application is accepted, the petitioner is also directed to deposit the requisite fees as per directions of the Bar Council.Writ Petition allowed. *******