(1) The State Government may, by notification, establish with effect from such date as may be specified therein, a Trustee Committee to be called the Punjab Advocates Welfare Fund Trustee Committee.
Establishment of the 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) 1[The Advocate General will be the Chairman as exofficio member];
(b) 2[The Chairman Bar Council of Punjab & Haryana ex-officio member];
(c) the Principal Secretary to Government of Punjab, Department of Home Affairs and Justice or his nominee-Ex-Officio Member;
(d) the Principal Secretary to Government of Punjab, Department of Finance or his nominee-Ex-Officio member;
(e) three other members of the Bar Council belonging to the State of Punjab, nominated by the State Government in consultation with the Advocate General, Punjab, from amongst its elected members;
(f) the Secretary of the Trustee Committee, who will be nominated by the Chairman of the Trustee Committee; and 1 Substituted for words “the Chairman of the Bar Council, if he belongs to the State of Punjab, otherwise, the Advocate General, Punjab, will be the Chairman” by Punjab Act No. 24 of 2014, Section 2 2 Substituted for words “the Advocate-General of Punjab-Ex-Officio member” by Punjab Act No. 24 of 2014, Section 2
(g) 1[three practising Advocates to be nominated by the Advocate General, Punjab in consultation with the State Government for a period of five years].
(4) A member nominated from the Bar Council under clause (e) of sub-section (3), shall hold office for a term of five years or for the term of his membership in the Bar Council, whichever is less.
2[(5) three members to be nominated by the State Government from amongst the Advocates registered with the Bar Council of Punjab and Haryana.]
5. No person shall be nominated and continue as a member of the Trustee Committee under clause (e) of sub-section (3) or sub-section (5) of section 4, if he: -
(a) is of unsound mind and stands so declared by a competent Court; or
(b) is, or at any time has been, adjudicated insolvent; or
(c) is or has been convicted by a criminal court for an offence involving moral turpitude, unless such conviction has been set aside; or
(d) is a defaulter to the Fund; or
(e) is debarred from practicing on the ground of professional or other misconduct; or 1 Substituted for words “a practicing Advocate of the State of Punjab to be co-opted by the other members of the Trustee Committee for a period of five years and his term shall be co-terminus with term of the Bar Councilmembers” by Punjab Act No. 24 of 2014, Section 2 2 Substituted by Punjab Act No. 24 of 2014, Section 2 Disqualification and removal of nominated members.
(f) ceases to be an Advocate under the Advocates Act, 1961.