Section 4 in The Advocates Fund Act 2001

Title: Establishment of Trustee Committee

Description: (1) With effect from such date as the appropriate Government may, by notification, appoint in this behalf, there shall be established a Trustee Committee to be called the "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 of a State - Chairperson, ex officio: Provided that where there is no Advocate-General of a State, the appropriate Government shall nominate a senior advocate to be a chairperson; (b) the Secretary to the appropriate Government in its Law Department or Ministry - Member, ex officio; (c) the Secretary to the appropriate Government in its Home Department or Ministry - Member, ex officio; (d) the Chairman of the State Bar Council - Member, ex officio; (e) the Government Pleader or the Public Prosecutor, as may be nominated by the appropriate Government - Member; (f) two advocates to be nominated by the State Bar Council - Member; (g) the Secretary of the State Bar Council - Secretary, ex officio. (4) The Chairperson nominated under the proviso to clause (a) of sub-section (3) shall hold office for a period not exceeding three years from the date on which he enters upon his office. (5) Every Member of the Trustee Committee nominated under clause (e) or clause (f) of sub-section (3) shall hold office for a period not exceeding three years from the date on which he enters upon his office.

Title: Disqualifications and removal of Chairperson of Member of Trustee Committee

Description: (1) The appropriate Government shall remove from office the Chairperson or any Member of the Trustee Committee, who— (a) is, or at any time has been, adjudged as an insolvent; or (b) has become physically or mentally incapable of acting as the Chairperson or a Member of the Trustee Committee; or (c) has been convicted of an offence which, in the opinion of the appropriate Government, involves moral turpitude; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chairperson or a Member of the Trustee Committee; or (e) has so abused his position as to render his continuation in office detrimental to the public interest; or (f) is, or at any time has been, absent without leave of the Trustee Committee for more than three consecutive meetings of the Trustee Committee: Provided that the Trustee Committee may, on sufficient ground, condone the absence of such Chairperson or Member. (2) No such Chairperson or Member of the Trustee Committee shall be removed under clause (d) or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard.

Title: Resignation by nominated Chairperson and Members of Trustee Committee and filling up of casual vacancy

Description: (1) The Chairperson referred to in sub-section (4) of section 4 or a Member nominated under clause (e) of sub-section (3) of that section may resign his office by giving three months' notice in writing to the appropriate Government and on such resignation being accepted by the appropriate Government such Chairperson or Member shall vacate his office. (2) A Member nominated under clause (f) of sub-section (3) of section 4 may resign his office by giving three months notice in writing to the State Bar Council and on such resignation being accepted by the State Bar Council such Member shall vacate his office. (3) A casual vacancy in the office of the Chairperson or a Member referred to in sub-section (1) who has resigned may be filled up, as soon as may be, by the appropriate Government and the Chairperson or a Member so nominated shall hold office only so long as the Chairperson or the Member in whose place he is nominated would have been entitled to hold office if the vacancy did not occur. (4) A casual vacancy in the office of a Member referred to in sub-section (2) who has resigned may be filled up, as soon as may be, by the State Bar Council and a Member so nominated shall hold office only so long as the Member in whose place he is nominated would have been entitled to hold office if the vacancy did not occur.

Title: Vacancies etc not to invalidate proceedings of Trustee Committee

Description: No act or proceeding of the Trustee Committee shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Trustee Committee; or (b) any defect or irregularity in the nomination of a person acting as the Chairperson or a Member of the Trustee Committee; or (c) any irregularity in the procedure of the Trustee Committee not affecting the merits of the case.

Title: Meetings of Trustee Committee

Description: (1) The Trustee Committee shall meet at least once in every three calendar months and at least four such meetings shall be held in every year to transact business under this Act and the rules made thereunder. (2) Three Members of the Trustee Committee shall form the quorum for a meeting of the Trustee Committee. (3) The Chairperson of the Trustee Committee or, if for any reason, he is unable to attend a meeting of the Trustee Committee, any other Member chosen by the Members of the Trustee Committee present from amongst themselves at the meeting shall preside at the meeting. (4) All questions which come up in a meeting of the Trustee Committee shall be decided by a majority vote of the Members of the Trustee Committee present and voting, and, in the event of an equality of votes, the Chairperson, or in his absence, the Member of the Trustee Committee presiding, shall have a second or casting vote.