( 1)Anymembernominatedunderclause (f) of sub-section(3)ofResignation section 4 may resign his office by givingthree monthsnotice in writing toby theChairpersonoftheCommitteeandonsuchresignationbeingacceptednominated member of by thesaidChairpersonheshallbedeemedto havevacatedhis office.
the Committee
(2) Any casualvacancyin theofficeof a memberreferredto inand filling up sub-section (1) shall be filled up, as soon as possible and a member soof casual vacancies. nominatedto such vacancyshall holdofficefor the residueof the termof his predecessor.
7. Noact done or proceedingtakenunderthis Act or the rulesmadeAct of the committee thereunderby the Committeeshallbe invalidatedmerelyby reasonof— not to be invalid by dofoct, vacancy , Otc,
(a)
(b)
(c) anyvacancyor defectintheconstitutionof theCommittee;
or any defect or irregularityin nominationof any personas a member thereof; or any defect or irregularityin such act or proceedingnot affecting the merits of the case.
https://ocr.space/searchablepdf#watermark Vesting and application of Fund.
Functions of the Committee.
Borrowing and investment of Fund.
6
8. The Fund shall vest in and be held and applied by the Committee subject to the provisions, and for the purposes of this Act.
9.( 1) It shall be the function of the Committee to administer the Fund.
(2) In the administration of the Fund, the Committee shall, subject to the provisions of this Act and the rules made thereunder,
(a) hold the amounts and assets belonging to the Fund;
(b) receive applications for admission or readmission to the Fund and dispose of such applications within ninety days from the date of receipt thereof;
(c) receive applications from the members of the Fund, their nominees or legal representatives, as the case may be, for payment out of the Fund;
(d) conduct such enquiry as it deems necessary, for the disposal of such applications and dispose of the applications within five months from the date of receipt thereof;
(e) record in the minutes book of the Committee its decision on the applications;
(O pay to the applicants amount at the rates specified io the schedule;
(g) maintain such accounts and books and send such periodicals and annual reports tothe Bar Council, as may be prescribed;
(h) communicate to the applicants under certificate of posting the decision of the Committee in respect of applications for admission or re-admission to the Fund or claims to the benefit of the Fund ; and
(1) do such other acts, as are or may be, required to be done under this Act and the rules made thereunder including making provisions of minimum number of staff for the office of the Committee.-
10.( 1) The Committee, may, with the prior approval of the Bar Council, borrow, from time to time, any sum required for carrying out the purposes of this Act.
(2) The Committee shall deposit all moneys and receipts forming part of the Fund in any Scheduled Bank as defined in the Reserve Bank of India Act, 1934 or invest the same in loans to any Corporation owned or controlled by the Central Government or the State Government or the loans floated by the Central Government or the State Government or in any other manner as the Bar Council may, from time to time, direct with prior approval of the Government.
2 of 1934.
https://ocr.space/searchablepdf#watermark Powers and duties of Secretary.
Orissa Advocates' Clorks Woltare Fund fitnrnp.
(3) All amount 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.
(4) The accounts of the Committee shall be audited annually by a Chartered Accountant appointed by the Committee.
(5) The accounts, as certified by the auditor together with the audit report thereon, shall be forwarded to the Bar Council by the Committee and the Bar Council may issue such direction as it deems fit to the Committee in respect thereof.
(6) The Committee shall comply with the directions issued by the Bar Council under sub-section (5).
1 1.The Secretary of the Committee shall—
(a) be the Chief Executive Authority of the Committee and responsible for carrying out its decisions;
(b) represent the Committee in ail suits and proceedings for and against the Committee;
(c) authenticate by his signature all decisions and instructions of the Committee;
(d)operatethebankaccountsoftheCommitteejointlywiththe' Treasurer;
(e) convene meetings of the Committee and prepare their minutes;
(f) attend the meetings of the Committee with all the necessary records and information;
(g) maintain such forms, registers and other records, as may be prescribed from time to time, and do all correspondences relating to the Committee;
(h) prepare an annual statement of business transaction by the Committee during each financial year; and
(1) do such acts as may be directed by the Committee.