Section 4 of The ADVOCATES’ WELFARE FUND ACT, 2001
- (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.
Summary
- The appropriate Government establishes the Advocates' Welfare Fund Trustee Committee through an official notification.
- The committee is a permanent legal body (a body corporate) that can own property, sue others, and be sued.
- The Advocate-General of the State automatically serves as the Chairperson, but if there is no Advocate-General, the government nominates a senior advocate.
- Ex-officio (automatic) members include the Law Secretary, Home Secretary, Bar Council Chairman, and Bar Council Secretary.
- Nominated members, like the Government Pleader and two advocates chosen by the Bar Council, serve terms of up to three years.
Practical examples
FAQ
1. Who leads the Trustee Committee?
The Advocate-General of the State acts as the Chairperson.
2. What happens if a state does not have an Advocate-General?
The appropriate Government nominates a senior advocate to be the Chairperson instead.
3. How long can nominated lawyers serve on the committee?
They hold office for a period not exceeding three years from the date they enter office.
4. Can the committee own property in its own name?
Yes, it is a body corporate with the power to acquire, hold, and dispose of property.
Test yourself
Q1.Under Section 4 of The ADVOCATES' WELFARE FUND ACT, 2001, who serves as the ex officio Secretary of the Trustee Committee?
Q2.Under Section 4 of The ADVOCATES' WELFARE FUND ACT, 2001, what happens if there is no Advocate-General in a State to serve as Chairperson?
Q3.Under Section 4 of The ADVOCATES' WELFARE FUND ACT, 2001, what is the maximum term length for a Member nominated as a Government Pleader?
Q4.Under Section 4 of The ADVOCATES' WELFARE FUND ACT, 2001, what legal characteristic allows the Trustee Committee to sue and be sued in its own name?