Section 5 of The ADVOCATES’ WELFARE FUND ACT, 2001
- (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.
Summary
- The appropriate Government has the power to remove the Chairperson or any Member of the Trustee Committee.
- Grounds for removal include bankruptcy (being an insolvent), physical or mental incapacity, or conviction of a crime involving moral turpitude.
- A member can also be removed for acquiring a financial interest that biases their decisions, or for abusing their position against the public interest.
- Missing more than three consecutive meetings without permission leads to removal, though the Committee can excuse the absence if there is a good reason.
- Before removing someone for a conflict of interest or for abusing their position, the government must give them a reasonable opportunity to be heard.
Practical examples
FAQ
1. Can a member be fired just for missing meetings?
Yes, if they are absent without permission for more than three consecutive meetings, though the committee can forgive the absence on sufficient grounds.
2. Do members get a chance to defend themselves before removal?
Yes, but only for specific reasons, such as acquiring a prejudicial financial interest or abusing their position. They must be given a reasonable opportunity to be heard.
3. Who actually carries out the removal of a member?
The appropriate Government is the authority that officially removes a Chairperson or Member.
Test yourself
Q1.Under Section 5 of The ADVOCATES' WELFARE FUND ACT, 2001, how many consecutive meetings must a member miss without leave before they face disqualification?
Q2.Under Section 5 of The ADVOCATES' WELFARE FUND ACT, 2001, for which of the following grounds for removal MUST a member be given a reasonable opportunity of being heard?
Q3.Under Section 5 of The ADVOCATES' WELFARE FUND ACT, 2001, who has the authority to officially remove a Chairperson or Member of the Trustee Committee?
Q4.Under Section 5 of The ADVOCATES' WELFARE FUND ACT, 2001, if a member misses four consecutive meetings without leave, is their removal strictly mandatory in all circumstances?