The Rajasthan Advocates Welfare Fund Act, 1987
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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
(l) One-fourth members of the Trustee Committee shall form the quorum for the meeting of the Committee. (2) The Chairman or in his absence a member elected by the members of the Trustee Committee present shall preside over a 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 vote 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. (5) The Secretary of the Trustee Committee shall not have a voting right in the meeting.
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24. Travelling and daily allowances to the members of the Trustee Commlttee
The members of the Trustee Committee shall be eligible to get such travelling allowances and daily allowances as are admissible to the members of the Bar Council.
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25. Ex-gratia grant to a member of the Fund
1[25. Ex-gratia grant to a member of the Fund.- (1) The Trustee Committee, on an application submitted to it, and after being satisfied about the genuineness of the claim, may allow ex-gratia grant to a member from the fund
- (a) in case of hospitalization involving a major surgical operation other than that specified in clause (b); or
- (b) if he undergoes open heart surgery, organ transplantation or angioplasty or is suffering from tuberculosis, leprosy, paralysis, cancer, unsoundness of mind, AIDS, paraplegia or disablement certified by a Medical Board to be more than fifty per cent or from such other serious diseases.
- (2) The grant so allowed shall not exceed a sum of Rs. 40,000/- in cases falling under clause (a) and Rs. 1,00,000/- in cases falling under clause (b) : Provided that the claim shall not be more than once in a period of five years: Provided further that the member admitted or re-admitted after the age of 45 years shall not be entitled to receive any ex-gratia grant.]
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26. Group life insurance for members and other beneflts
The Trustee Committee may, for the welfare of the members of the Fund,
- (a) obtain from the Life Insurance Corporation of India, policies of Group Insurance for the members of the Fund;
- (b) provide for medical and educational facilities for the members of the Fund and their dependents including an insurance for that purpose; or
- (c) provide for such other benefits and amenities as may be prescribed.
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27. Restriction on alienation, attachment, etc. of lnterest of member, in the Fund
- (1) Notwithstanding anything contained in any other law for the time being in force, the interest of any member in the Fund, or the right of a member or his nominee, dependents or legal heirs to receive any amount from the Fund shall not be assigned, alienated or charged and shall not be liable to attachment under any decree or order of any court, tribunal or other authority or person.
- (2) No creditor of a member of the fund shall be entitled to proceed against the Fund or the interest therein of such member or his nominee, dependents or legal heirs. Explanation.For the purpose of this section, 'creditor' includes the State or an official assignee or receiver appointed under any of the insolvency laws or any other law for the time being in force.
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28. Protection of action taken ln good faith
- (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
- (2) No suit or other legal proceedings shall lie against the Trustee Committee or the Bar Council for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
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29. 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 required to be settled, decided or dealt with or to be determined by Trustee Committee or the Bar Council.
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30. Power to summon witnesses and to take evldence
The Trustee Committee and the Bar Council shall, for the purposes of any enquiry under this Act, have the same powers as are vested in a civil court while trying a suit tinder the Code of Civil Procedure, 1908 (Central Act V of 1908) in respect of the following matters, namely:
- (a) enforcing the attendance of any person or examining him on oath;br
- (b) requiring the discovery and production of documents;br
- (c) receiving evidence on oath by affidavit;br
- (d) issuing commissions for the examination of witnesses.br
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31. Appeal against decision of the Trustee Committee
- (1) An appeal against any decision of the Trustee Committee shall lie to the Bar Council. The appeal shall be in the prescribed form and shall be accompanied with a 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) The decision of the Bar Council on appeal shall be final.
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32. Power to make rules
The Bar Council may, with the previous approval of the State Government by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
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