CONSTITUTION OF THE FUND AND ITS ADMINISTRATION
Chapter VIII MISCELLANEOUS
Chapter VIII MISCELLANEOUS
22. Meeting of the Trustee Committee.
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 rules made thereunder.
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23. Manner of holding Meeting.
(1) On third members of the Trustee Committee shall form the quorum of the meeting of the Trustee Committee.
(2) The Chairman or in his absence, a member chosen by the members of the Trustee Committee present, shall preside over the meeting of the Trustee Committee.
(3) The meetings of the Trustee Committee shall ordinarily be held at the office of the Bar Council.
(4) Any matter coming up before the meeting of the Trustee Committee, shall be decided by a majority of the votes of the members present and voting at the meeting and in the case of equality of votes, the Chairman or the member presiding over the meeting, shall have a casting vote.
(5) The Secretary of the Trustee Committee shall not have a voting right in the meeting.
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24. Bar of jurisdiction of Civil Courts.
No Civil Court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act require to be settled, decided or dispensed with or to be determined by the Trustee Committee or the Bar Council.
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25. Power to summon witnesses and to take evidence.
The Trustee Committee and the Bar Council shall, for the purpose of any enquiry under this Act, have the same powers as are vested in the Civil Court while trying a suit under the Code of Civil Procedure, 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 oath by affidavit; and (d) issuing commission for the examination of witnesses.
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26. Appeal against decision of the Trustee Committee.
(1) An appeal against any decision or order of the Trustee Committee shall lie to the Bar council. The appeal shall be in the prescribed form and shall be accompanied with the copy of the decision appealed against. The appeal shall be filed within thirty days from the date of the receipt of the order appealed against.
(2) Any appeal preferred under sub-section (1), shall be heard and disposed of in such manner and procedure as may be prescribed.
(3) The decision of the Bar Council on appeal shall be final.
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27. Power to amend the Schedule.
(1) The State Government may, by notification, on the recommendation of the Trustee Committee and having due regard to the availability of the amount in the Fund, amend the rates specified in the Schedule.
(2) Before making recommendation, the Trustee Committee shall consult the Bar Council.
(3) Every notification issued under this section shall, as soon as possible after it is issued, be placed on the Table of the Legislative Assembly and if before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such notification or the Assembly decides that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.
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28. Power to make rules.
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this section shall be laid as soon as may be, after it is made, before the house of the State Legislature while it is in session for a total period of ten days, which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the successive sessions as aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
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29. Power to make regulations.
The Trustee Committee with the approval of the Bar Council, may, make regulations for carrying out the purposes of this Act.
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30. Repeal and Savings.
(1) The Punjab Advocate Welfare Fund Ordinance, 2001 (Punjab Ordinance No. 6 of 2001), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken under this Act.
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