Chapter III ESTABLISHMENT OF TRUSTEE COMMITTEE AND VESTING OF WELFARE FUND IN THAT COMMITTEE

1. (1) The State Government shall, by notification in the Official Gazette, establish, with effect from such date as may be specified therein, a Committee to be called the Maharashtra Advocates Welfare Fund Trustee Committee.
2. (2) The Trustee Committee shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and shall by the said name sue and be sued.
3. (3) The Trustee Committee shall consist of the following members, namely:-
   • (a) the Advocate General of Maharashtra, who shall be the Chairman of the Trustee Committee, ex officio;
   • (b) the Secretary to Government, Law and Judiciary Department of the Government of Maharashtra, ex officio;
   • (c) three members nominated by the State Government;
   • (d) two members of the Bar Council nominated by the Bar Council;
   • (e) the accountant of the Bar Council, who shall be the treasurer of the Trustee Committee, ex officio; and
   • (f) the Secretary of the Bar Council, who shall be the secretary of the Trustee Committee, ex officio.
4. (4) A member nominated by the State Government under clause (c) of sub-section (3) shall hold office for a term of four years, unless the State Government terminates his nomination earlier or he is removed under sub-section (2) of section 5 or he resigns his membership and his resignation is accepted by the State Government under sub-section (1) of section 6.
5. (5) A member nominated by the Bar Council under clause (d) of sub-section (3) shall hold office for a term of four years or for the duration of his membership in the Bar Council, whichever is less, unless he is removed under sub-section (2) of section 5 or he resigns his membership and his resignation is accepted by the Bar Council under sub-section (1) of section 6.

1. (1) A member nominated under clause (c) or clause (d) of sub-section (3) of section 4 shall be disqualified to be a member of the Trustee Committee, if he-
   • (a) becomes of unsound mind ; or
   • (b) is adjudged insolvent; or
   • (c) is absent without leave of the Trustee Committee for more than three consecutive meetings of the Committee ; or
   • (d) is a defaulter to the Fund (in case he is a member of the Fund) or has committed a breach of trust; or
   • (e) is convicted by a criminal court for an offence involving moral turpitude, unless such conviction has been set aside.
2. (2) The State Government may remove any member who is or has become disqualified under sub-section (1) from membership of the Trustee Committee : Provided that, no order removing any member shall be passed unless that member and the Bar Council in the case of a member nominated by it have been given an opportunity of being heard : Provided further that, nothing in this section shall apply where the State Government terminates the membership of a member nominated by it under sub-section (4) of section 4, on the ground other than incurring any of the disqualifications and removal under this sub-section.

1. (1) Any member nominated under clause (c) or clause (d) of sub-section (3) of section 4 may resign his office by giving one month's notice in writing to the State Government or the Bar Council, as the case may be, and on such resignation being accepted by the State Government or the Bar Council, shall be deemed to have vacated his office : Provided that, the Bar Council shall consult the State Government before accepting the resignation of a member nominated by it.
2. (2) A casual vacancy in the office of a member nominated under clause (c) or clause (d) of sub-section (3) of section 4 occurring on account of death, resignation, termination or removal of a member may be filled up, as soon as conveniently may be, by nomination of a person thereto by the State Government or, the Bar Council, as the case may be, and a person so nominated shall hold office so long as the member in whose place he is nominated would have held it, if the vacancy had not occurred.

1. (1) During any vacancy in a Trustee Committee the continuing members may act as if no vacancy had occurred.
2. (2) The Trustee Committee shall have power to act, notwithstanding any vacancy in the membership or any defect in the constitution thereof, or any defect or irregularity in the nomination of any person as a member thereof, or any defect or irregularity in any act done or proceeding taken under this Act or the regulations made thereunder not affecting the merits of the case ; and such proceedings of the Committee shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled to do so sat or voted or otherwise took part in the proceedings or that some defect or irregularity as aforesaid existed.

1. (1) The Trustee Committee shall meet, at least once in three calendar months or more often if found necessary to transact business under this Act or the regulations made thereunder.
2. (2) Three members of the Trustee Committee shall form the quorum for a meeting of the Committee.
3. (3) The Chairman or, in his absence, a member elected, shall preside over a meeting of the Trustee Committee.
4. (4) Any matter coming up before a meeting of the Trustee Committee shall be decided by a majority of the members present and voting at the meeting and, in the case of an equality of votes, the Chairman or the member presiding over the meeting shall have a casting vote.

The non-official members of the Trustee Committee shall be eligible to get such travelling allowance and daily allowance as are admissible to the members of the Bar council : Provided that, if a member of the Committee is a Member of the Maharashtra Legislative Assembly or Maharashtra Legislative Council or a Member of Parliament the allowances payable to such member shall be the travelling and daily allowances or such other allowances which are payable to him as a Member of the State Legislature or of Parliament, as the case may be, for the purpose of meeting the personal expenditure in attending the meeting of the State Legislature or Parliament or its Committees.

The Fund shall vest in, and be held and applied by, the Trustee Committee, subject to the provisions, and for the purposes, of this Act.

1. (1) The Trustee Committee shall administer the Fund.
2. (2) In the administration of the Fund, the Trustee Committee shall, subject to the provisions of this Act and the regulations made thereunder,-
   • (a) hold the amounts and assets belonging to the Fund in trust ;
   • (b) receive applications for admission or readmission to the Fund, and dispose of such applications within ninety days from the date of receipt thereof;
   • (c) receive applications from the members of the Fund, their nominees or legal representatives, as the case may be, for payment out of the Fund, conduct such enquiry as it deems necessary for the disposal of such applications and dispose of the applications within five months from the date of receipt thereof ;
   • (d) record in the minute book of the Trustee Committee, its decisions on the applications ;
   • (e) pay to the applicants amounts at the rates specified in the Schedule ;
   • (f) sanction employment of such officers and servants as it may think necessary for performance of its duties and functions under this Act and determine their conditions of service ;
   • (g) send such periodical and annual reports as may be prescribed to the State Government and the Bar Council ;
   • (h) communicate to the applicants by registered post with acknowledgement due the decisions of the Trustee Committee in respect of applications for admission or readmission to the Fund or claims to the benefit of the Fund ;
     • (i) do such other acts as are, or may be, required to be done by it under this Act and the regulations made thereunder.

1. (1) The Trustee Committee may, with the recommendation of the Bar Council and the prior approval of the State Government, borrow, from time to time, any sum required for carrying out the purposes of this Act.
2. (2) The Trustee Committee shall deposit all moneys and receipts forming part of the Fund in any scheduled bank or invest the same in the units issued by the Unit Trust of India, the National Post Office Savings Certificates or any other Government Security or in loans to any corporation owned or controlled by the Central Government or the State Government or in loans floated by the Central Government or the State Government or in any other manner as the Bar Council may, from time to time, direct with the prior approval of the State Government.
3. (3) All amounts due and payable under this Act and all expenditure relating to the management and administration of the Fund shall be paid out of the Fund.
4. (4) The accounts of the Trustee Committee shall be audited annually by the Chief Auditor, Local Fund Accounts or any other person empowered by the State Government to perform the functions of an auditor under the 1Bombay Local Fund Audit Act, 1930 (Bom. XXV of 1930), as if the Fund were a Local Fund and the Trustee Committee were a Local Authority within the meaning of these expressions in the said Act.
5. (5) The accounts of the Trustee Committee, as certified by the auditor, together with the audit report thereon, shall be forwarded to the Bar Council by the Trustee Committee and the Bar Council may issue such directions as it deems fit to the Trustee Committee in respect thereof.
6. (6) The Trustee Committee shall comply with the report of the auditor and the directions issued by the Bar Council under sub-section (5) 2[as early as possible but in any case within a period of three months from the date of receipt of such audit report or directions].

The Secretary of the Trustee Committee shall-

1. (a) be the chief executive authority of the Trustee Committee and responsible for carrying out its decisions ;
2. (b) represent the Trustee Committee in all suits and proceedings for and against the Committee ;
3. (c) authenticate by his signature all decisions and instructions of the Trustee Committee ;
4. (d) operate the bank accounts of the Trustee Committee jointly with the treasurer ;
5. (e) convene meetings of the Trustee Committee and prepare their minutes ;
6. (f) attend the meetings of the Trustee Committee with all the necessary records and information ;
7. (g) maintain such forms, registers and other records as may be prescribed from time to time and do all correspondence relating to the Trustee Committee ;
8. (h) inspect and verify periodically the accounts and registers of the Bar Associations regarding the stamps ;
   • (i) prepare an annual statement of business transacted by the Trustee Committee during each financial year;
9. (j) make appointments of the officers and servants of the Trustee Committee as sanctioned by the Committee and have power to take disciplinary action against any such officer or servant ;
10. (k) do such other acts as may be directed by the State Government, the Trustee Committee and the Bar Council.