Chapter III ESTABLISHMENT OF THE TRUSTEE COMMITTEE

(1) The State Government may, by notification, establish with effect from such date as may be specified therein, a Trustee Committee to be called the Punjab Advocates Welfare Fund Trustee Committee. (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 shall by the said name, sue and be sued. (3) The Trustee Committee shall consist of: - (a) The Advocate General will be the Chairman as ex-officio member; (b) The Chairman Bar Council of Punjab & Haryana ex-officio member; (c) the Principal Secretary to Government of Punjab, Department of Home Affairs and Justice or his nominee-Ex-Officio Member; (d) the Principal Secretary to Government of Punjab, Department of Finance or his nominee-Ex-Officio member; (e) three other members of the Bar Council belonging to the State of Punjab, nominated by the State Government in consultation with the Advocate General, Punjab, from amongst its elected members; (f) the Secretary of the Trustee Committee, who will be nominated by the Chairman of the Trustee Committee; and (g) three practising Advocates to be nominated by the Advocate General, Punjab in consultation with the State Government for a period of five years. (4) A member nominated from the Bar Council under clause (e) of sub-section (3), shall hold office for a term of five years or for the term of his membership in the Bar Council, whichever is less. (5) three members to be nominated by the State Government from amongst the Advocates registered with the Bar Council of Punjab and Haryana. (g) three practising Advocates to be nominated by the Advocate General, Punjab in consultation with the State Government for a period of five years.

(4) A member nominated from the Bar Council under clause (e) of sub-section (3), shall hold office for a term of five years or for the term of his membership in the Bar Council, whichever is less.

(5) three members to be nominated by the State Government from amongst the Advocates registered with the Bar Council of Punjab and Haryana.

No person shall be nominated and continue as a member of the Trustee Committee under clause (e) of sub-section (3) or sub-section (5) of section 4, if he: - (a) is of unsound mind and stands so declared by a competent Court; or (b) is, or at any time has been, adjudicated insolvent; or (c) is or has been convicted by a criminal court for an offence involving moral turpitude, unless such conviction has been set aside; or (d) is a defaulter to the Fund; or (e) is debarred from practicing on the ground of professional or other misconduct; or (f) ceases to be an Advocate under the Advocates Act, 1961.

(1) Any member nominated under clause (e) of sub-section (3) or sub-section (5) of section 4 by the Bar Council or the State Government, as the case may be, may resign his office by giving three months' notice in writing to the Chairman of the Trustee Committee and on such resignation being accepted by the Chairman, the said member shall be deemed to have vacated his office.

(2) If any member nominated under clause (e) and co-opted under clause (g) of subsection (3) and nominated under sub-section (5) of section 4, - (a) becomes subject to any of the disqualifications mentioned in section 5; or (b) is absent without leave from the Trustee Committee for more than three consecutive meetings of Trustee Committee, his seat shall thereupon become vacant.

(3) A casual vacancy of a nominated or co-opted member arising under sub-section (1) or sub-section (2), shall be filed in as soon as possible in the same manner and for the same term as is mentioned in Section 4.

No act done or proceedings taken under this Act or the rules made there under, by the Trustee Committee, shall be invalid merely by reason of, - (a) any vacancy or defect in the constitution of the Trustee Committee; or (b) any defect or irregularity in the nomination of any person as a member thereof; or (c) any defect or irregularity in such proceedings not affecting the merit of the case.

(1) In the administration of the Fund, the Trustee Committee shall, subject to the provisions of this Act and the rules made thereunder,- (a) collect, preserve, manage and utilise the fund; (b) hold the amounts and assets belonging to the fund; (c) receive applications for admission or re-admission to the Fund and dispose of such applications within ninety days from the date of receipt thereof; (d) receive applications from the members of the Fund, their nominees, dependents or legal representatives, as the case may be, for payment out of the Fund, and conduct such enquiry as it deems necessary for the disposal of such applications and shall dispose of the applications within ninety days from the date of receipt thereof; (e) record in the minutes book of the Trustee Committee its decision on the applications received under clauses (c) and (d); (f) pay to the applicant amount at the rate specified in the Schedule; (g) send such periodical and annual reports as may be prescribed to the State Government and the Bar Council; (h) communicate to the applicant by registered post with acknowledgement due its decision on the application for admission or re- admission to the Fund or claims to the benefit of the fund; (i) appoint such officers and employees as it may think necessary for carrying out the purposes of this Act on such terms and conditions as may be prescribed; and (j) do such other acts as are, or may be, required to be done by it under this Act and the rules made thereunder.

(2) The Bar Council or the Trustee Committee may give to the Bar Association such directions as, in its opinion are necessary or expedient for carrying out the purposes of this Act.

The Secretary of the Trustee Committee shall, - (a) by the Chief Executive Authority of the Trustee Committee and responsible for carrying out its decision; (b) represent the Trustee Committee in all suits and proceedings for and against the Trustee Committee; (c) authenticate by his signatures all decisions and instructions of the Trustee committee; (d) operate the bank accounts to the Trustee Committee jointly with the Chairman of the Trustee Committee or his nominee; (e) convene meetings of the Trustee committee and record its minutes; (f) attend the meetings of the Trustee Committee with all necessary records and information; (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; (h) prepare an annual statement of business transacted by the Trustee Committee during each financial year; and (i) do such other acts as may be directed by the Trustee Committee or its Chairman.

(1) The Trustee Committee may, with the prior approval of the State Government and the Bar Council, borrow from time to time any sum required for carrying out the purposes of this Act.

(2) The Trustee Committee shall deposit all moneys and receipts forming part of the Fund in any Schedule Bank or invest the same in loan to any corporation owned or controlled by the Central Government or the State Government or in loan floated by the Central Government or the State Government or in any other manner as the Trustee Committee may, from time to time, decide with the approval of the Bar Council.

(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.

(1) The Trustee Committee shall keep and maintain books of accounts and other books in such form and in such manner as may be prescribed.

(2) The accounts of the Trustee Committee shall be audited annually by a Chartered Accountant appointed by it.

(3) The Accounts of the Trustee Committee as audited by the Chartered Accountant together with his audit report, shall be forwarded to the Bar Council by the Trustee Committee and Bar Council may issue such directions, as it deems fit, to the Trustee Committee in respect thereof.

(4) The Trustee Committee shall comply with the directions issued by the Bar Council under sub-section (3);

(5) The Trustee Committee shall pay from the Fund the charges for the audit.

The Bar Council shall contribute to the Fund an amount at such rate, of the enrolment fees realised by it as the Bar Council may from time to time think fit.