Chapter VII MISCELLANEOUS

No suit prosecution or other legal proceedings shall lie against the Trustee Committee or the Trustee Committee or the Chairperson or a Member or the Secretary of the Trustee Committee or the State Bar Council or any person or anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

No civil court shall have jurisdiction to settle , decided or deal with any question or to determine any matter which is by or under this act required to be settled, decided or dealt with or to be determined by the Trustee Committee or the State Bar Council or the Administrative Department.

The Trustee Committee and the State Bar Council shall, for the purpose of any enquiry under this Act, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely. (a) enforcing the attendance of any person or examining him on oath. (b) requiring the discovery and production of documents. (c) receiving evidence on affidavit. (d) issuing commissions for the examination of witnesses; (e) any other matter which may be prescribed.

The Trustee Committee may after approval of the Bar Council may, by notification, and having due regard to the availability of the amount in the Fund, amend the rates specified in Schedule –1 or may notify any other welfare schemes prepared under section(9)(2)(i).

(1) without prejudice to the generality of the foregoing provisions of this Act, the Trustee Committee shall, in exercise of the powers or the performance of its functions under this Act, be bound by such directions on question of policy, other than those relating to professional and administrative matters, as the State Government may give in writing to it from time to time. Provided that the Trustee Committee shall, as far as practicable, be given an opportunity to express its view before any direction is given under this sub-section; (2) The decision of the State Government, whether a question is one of policy or not, shall be final.

(1) If at any time the State Government is of the opinion (a) that, on account of circumstances beyond the control of the Trustee Committee, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or (b) that the Trustee Committee has persistently defaulted in complying with any direction given by the State Government under this Act or in the discharge of the functions or performance of the duties imposed on it or under the provisions of this Act; or (c) that circumstances exist which render it necessary in the public interest so to do, the State Government may, by notification and for reasons to be specified therein, supersede the Trustee Committee for such period, not exceeding six months, as may be specified in the notification and appoint, in consultation with the Chief Justice of the High Court, a judge of the High Court to be the controller of the Trustee Committee:- Provided that before issuing any such notification, the State Government shall give a reasonable opportunity to the Trustee Committee to make representations against the proposed suppression and shall consider the representations, if any, of the Trustee Committee. (2) Upon the publication of a notification under sub-section (1) superseding the Trustee Committee, (a) the Chairperson, Members and the Secretary of the Trustee Committee shall, as from the date of suppression, vacate their offices as such; (b) all powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Trustee Committee shall, until the Trustee Committee is reconstituted under sub-section (3), be exercised and discharged by the controller of the Trustee Committee;

(1) The State Government without prejudice to the generality of the foregoing power may , by notification , make rules for carrying out the provisions of this Act not inconsistent with the rules, if any, made by the Central Government. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely. (a) the periodical and annual reports to be sent under clause (h) of Section 12; (b) the form and the manner in which the annual statement of accounts and annual report shall be prepared under clause (h) of Section 12; (c) the forms, registers and other records to be maintained under clause (g) of Section 12; (d) the form in which an association of advocates may apply for recognition to the State Bar Council under sub-section (1) or sub section (2) of Section 14; (e). the form in which a certificate of recognition shall be issued by the State Bar Council under sub-section (4) of Section 14; (f) the form in which an advocate shall apply for admission as a member of the Fund under sub-section (1) or sub-section (2) of Section 16; (g) the principles in accordance with which the amount payable to a member of the Fund be reduced under sub-section (12) of Section 16; (h) the manner of providing medical and educational facilities for the members of the Fund and their dependants under clause (b) of Section 21; (i) the other benefits to be provided under clause (f) of Section 21; (j) the form of appeal under sub-section (2) of Section 22. (k) the value and design of stamps to be printed and distributed under sub-section (1) of Section 23; (l) the form and the manner in which accounts of the stamps shall be kept under sub-section (1) of Section 23; (m) the value of stamps to be affixed on every vakalatnama under sub-section (1) of Section 24; (n) the manner of cancellation of stamps under sub-section (4) of Section 24; (p) any other matter which is to be, or may be, prescribed.

(1) Every rule made under this Act by the State Government and every notification issued under Section 30 shall be laid, as soon as may be after it is made, before the State Legislature.

All acts done in pursuance with the provisions of the Bihar State Advocates’ Welfare Fund Act, 1983 (16 of 1983) and its amendments therein, in good faith, since coming into existence of the State of Jharkhand and immediately before coming into force of this Act, shall not be invalidated by reasons of the fact that this Act was not in force at that material point of time.