Establishment of Trustee 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 Rajasthan Advocates Welfare Fund Trustee Committee.
2. (2) The Trustee Committee shall be a body corporate by the aforesaid name having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contract and shall by the said name sue and be sued.
3. (3) The Trustee Committee shall consist of:
   • (a) the Chairman of the Bar Council of Rajasthan who shall be the Chairman of the Trustee Committee, ex-officio;
   • (b) the Advocate General of Rajasthan, ex-officio member;
   • (c) the Law Secretary, Government of Rajasthan, ex-officio member;
   • (d) the Chairman of the Executive Committee, Bar Council of Rajasthan, ex-officio member;
   • (e) three other members of the Bar Council nominated by the Bar Council; and
   • (f) the Secretary of the Bar Council who shall also be the Secretary of the Trustee Committee, ex-officio.
4. (4) A member nominated by the Bar Council under clause (e) of sub-sec. (3) shall hold office for a term of four years or upto the duration of his membership in the Bar Council whichever is less.

No person shall be nominated and continue to be as a member of Trustee Committee under clause (e) of sub-sec. (3) of Sec. 4 if he

1. (a) is of unsound mind and stands so declared by a competent court; or
2. (b) is, or at any time has been, adjudicated insolvent; or
3. (c) is or has been convicted by a criminal court for an offense involving moral turpitude, unless such conviction has been set aside; or
4. (d) is a defaulter to the fund; or
5. (e) is debarred from practicing on the ground of professional or other misconduct; or
6. (f) ceases to be an advocate under the Advocates Act, 1961 (Central Act 25 of 1961).

1. (1) Any member nominated under clause (e) of sub-sec. (3) of Section 4 by the Bar Council may resign his office by giving three month's notice in writing to the Chairman of the Trustee Committee and on such resignation being accepted by the Chairman, Trustee Committee, the said member shall be deemed to have vacated his office.
2. (2) If any member nominated under clause (e) of sub-sec. (3) 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. (3) A casual vacancy of a nominated member arising under sub-sec. (I) and sub-sec. (2) shall be filled in as soon as possible in the same manner and for the same term or duration as is mentioned in Section 4.

No act done or proceedings taken, under this Act or the rules made thereunder, by the Trustee Committee shall be invalidated merely by reason of

1. (a) any vacancy or defect in the constitution of the Trustee Committee; or
2. (b) any defect or irregularity in the nomination of any person as a member thereof; or
3. (c) any defect or irregularity in such act or proceedings not affecting the merit of the case.

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 rules made thereunder,
   • (a) collect, preserve, manage and utilise the Fund;
   • (b) hold the amounts and assets belonging to the Fund in trust;
   • (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 nominee, 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 amounts at the rates 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 acknowledgment due its decision on the applications for admission or re-admission to the Fund or claims to the benefit of the Fund;
     • (i) appoint such officers and servants 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. 1[(3) xx x x] 1[(4)xxxx]

1. (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. (2) The Trustee Committee shall deposit all moneys and receipt forming part of the Fund in any Scheduled Bank 1[or Post Office] 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 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.

1. (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. (2) The accounts of the Trustee Committee shall be audited annually by a Chartered Accountant appointed by the Bar Council.
3. (3) The accounts of the Trustee Committee as audited by the Chartered Accountant together with his 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.
4. (4) The Trustee Committee shall comply with the directions issued by the Bar Council under sub-sec. (3).
5. (5) The Trustee Committee shall pay from the Fund the charges for the audit. 1[(6) A copy of annual audit report and the audited accounts shall be sent every year to all the Bar Associations recognised and registered under the provisions of this Act].

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 proceeding for and against the Trustee Committee;
3. (c) authenticate by his signatures all decisions and instructions of the Trustee Committee;
4. (d) operate the bank accounts of the Trustee Committee jointly with the Chairman of the Trustee Committee or his nominee;
5. (e) convene meetings of the Trustee Committee and record its minutes;
6. (f) attend the meetings of the Trustee Committee with all necessary records and information;
7. (g) maintain such forms, registers and other record as may be prescribed from time to time and do all correspondence relating to the Trustee Committee;
8. (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 and the Bar Council.

The Bar Council shall pay to the Fund annually an amount equal to twenty-five percent of the enrolment fees realised by it.