section 4
Constitution of Welfare Fund Committee
The Jharkhand Advocates' Clerks Welfare Fund Act, 2018(1) Sarkar adhisuchna dwara Jharkhand Advocate Clerk Kalyan Nidhi Samiti nam ka ek samiti ka gathan karegi jo adhisuchna mein suvirdisht tithi se pravritt hogi. (2) Samiti ek nigamit nikay hogi jiske paas shashwat utradhikar tatha sampatti ke arjan, rakhne evam niptan ki shakti ke saath ek samanya muhar (seal) hogi aur vah ukt nam se vad chala sakti hai ya us par vad chalaya ja sakta hai. (3) Samiti mein nimnalikhit sadasya honge: (ka) Vidhi Parishad ka adhyaksh; (kha) Sarkar ka pradhan sachiv, Vidhi Vibhag; (ga) Sarkar ka pradhan sachiv, Grih Vibhag; (gh) Sarkar ka pradhan sachiv, Vitt Vibhag; (ang) Jharkhand Uchcha Nyayalaya ka mahanibandhak; (cha) Yathavihit pradhikar evam riti se advocate clerkon mein se nam nirdisht teen sadasya, jin mein se ek ko samiti dwara nidhi ka koshadhyaksh manonit kiya jayega; aur (chha) Sachiv ki bhati evam seva sharton ke sambandh mein samiti dwara banaye gaye viniyam ke anusar adhyaksh dwara niyukt kiye jane wala sachiv; parantu is prakar niyukt sachiv ke paas samiti ki baithak mein mat dene ka adhikar nahin hoga. (4) Vidhi Parishad ka adhyaksh samiti ka paden adhyaksh hoga. (5) Sarkar ke pradhan sachiv, Vidhi Vibhag, Sarkar ke pradhan sachiv, Grih Vibhag, Sarkar ke pradhan sachiv, Vitt Vibhag aur Jharkhand Uchcha Nyayalaya ke mahanibandhak samiti ke paden sadasya honge. (6) Sarkar ke pradhan sachiv, Vidhi Vibhag, Sarkar ke pradhan sachiv, Grih Vibhag, sarkar ke pradhan sachiv, Vitt Vibhag yadi kisi karan se samiti ki baithak mein upasthit nahin ho sakte hain to ve apne apne vibhag se upsachiv star se anyun pankti ke kisi padadhikari ko baithak mein shamil hone ke liye pratiniyukt kar sakte hain. (7) Yadi Jharkhand Uchcha Nyayalaya ke mahanibandhak kisi karan se samiti ki baithak mein upasthit nahin ho sakte hain to ve up-nibandhak star se anyun pankti ke kisi padadhikari ko baithak mein shamil hone ke liye pratiniyukt kar sakte hain. (8) Upa-dhara (3) ke khand (cha) ke adhin nam nirdisht koi sadasya apne nam nirdeshan ki tithi se teen varshon ki avadhi tak athva advocate clerk sangh ke sadasya rahne tak, jo bhi pahle ho pad dharan karega. (9) Sachiv ko nidhi se yatha vihit riti se parishramik ka bhugtan kiya jayega. (1) The Government may, by notification, establish with effect from such date, as may be specified therein, a Committee to be called the Jharkhand Advocates’ Clerks Welfare Fund Committee. (2) The Committee shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and shall, by the said name, sue and be sued. (3) The Committee shall consist of the following members, namely:- (a) The Chairman of the Bar Council; (b) The Principal Secretary to Government, Law Department; (c) The Principal Secretary to Government, Home Department; (d) The Principal Secretary to Government, Finance Department; (e) The Registrar General of Jharkhand High Court; (f) Three members to be nominated from among the Advocates’ Clerks by such authority and in such manner as may be prescribed, of whom one shall be nominated by the Committee as the treasurer of the Fund; and (g) A Secretary to be appointed by the Chairman in accordance with such regulation as may be made by the Committee in respect of the recruitment and conditions of service of such Secretary; Provided that the Secretary so appointed shall not have the right to vote at the meetings of the Committee. (4) The Chairman of the Bar Council shall be the ex- officio Chairperson of the Committee. (5) The Principal Secretary to Government, Law Department, the Principal Secretary to Government, Home Department, the Principal Secretary to Government, Finance Department and the Registrar General of Jharkhand High Court shall be ex-officio members of the Committee. (6) In case the Principal Secretary to Government, Law Department, the Principal Secretary to Government, Home Department or the Principal Secretary to Government, Finance Department, is unable to attend the meetings of the Committee for any reason, he may depute any officer not below the rank of Deputy Secretary to Government to attend the meetings. (7) In case the Registrar General of Jharkhand High Court is unable to attend the meetings of the Committee for any reason, he may depute any officer of his Department, not below the rank of Deputy Registrar to attend the meetings. (8) A member nominated under clause (f) of sub-section (3) shall held office for a term of three years from the date of such nomination or until he cease to be a member of Advocates’ Clerks Association whichever is earlier. (9) The Secretary shall paid such remuneration out of the Fund, as may be prescribed.
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