(1) The State Government may, by order published in the Official Gazette, supersede the Corporation for such period as may be specified in the order after giving a reasonable opportunity to the Corporation to show cause against the order proposed to be issued and after considering the objection, if any, of the Corporation:
Provided that it shall not be necessary to give any opportunity to the Corporation to show cause against the order proposed to be issued if the State Government is of the opinion that it is neither expedient nor necessary to do so in the public interest.
(2) Upon the publication of the order under sub-section (1) superseding' the Corporation,—
(a) all the members of the Corporation shall as from the date of supersession vacate their respective offices as such members;
(b) all the powers and duties which may by or under the provisions of this Act or of any other law for the time being in force be exercised or performed by or on behalf of the Corporation shall during the period of supersession be exercised and performed by such person or persons as the State Government may direct;
(c) all property vested in the Corporation shall during the period of supersession vest in the State Government.
(3) On the expiration of the period of supersession as specified in the order issued under sub-section (1), the State Government may—
(a) extend the period of supersession for such further term as it may consider necessary, or
(b) reconstitute the Corporation in the manner provided in this Act for establishing the Corporation.
27. No provision of any law relating to the winding up of companies or corporations shall apply to the Corporation and the Corporation shall not be placed in liquidation save by order of the State Government and save in such manner as may be directed by the State Government.
Recovery of sums 28. Any sum payable to the Corporation shall be recoverable as an arrear of landdue. Ben. Act III of revenue under the Bengal Public Demands Recovery Act, 1913. 1913.
PART III] THE KOLKATA GAZEIIh, EXTRAORDINARY, APRIL 25, 2012 7 The West Bengal Advocates Welfare Corporation Act, 2012.
Act not to apply in certain cases.
Power to make rules.
Regulations.
(Sections 29-31.)
29. The provisions of this Act shall not apply to an advocate—
(a) if he is not a member of a Bar Association; or
(b) if his name has been removed by the Bar Council from the State roll either under section 26A, or under clause (d) of sub-section (3) of section 35, of the Advocates Act, 1961; or
(c) if he is suspended from practice under clause (c) of sub-section (3) of section 35 of the Advocates Act, 1961:
Provided that the provisions of this clause shall not apply to him beyond the period of suspension; or
(d) if he is an undischarged insolvent; or
(e) if he is convicted by a competent court for an offence involving moral turpitude:
Provided that the provisions of this clause shall cease to apply to him on the expiry of a period of two years from the date of his release from jail or from the date of payment of fine by him in case he is sentenced to pay a fine only, as the case may be; or
(1) if he carries on any occupation, trade or business in contravention of the provisions of any law for the time being in force; or if he voluntarily suspends practice:
Provided that the provisions of this clause shall cease to apply to him upon the resumption of practice by him; or
(h) if he has received, by virtue of his service in any post and in accordance with the terms and conditions of such service, any financial benefit (including Provident Fund, Gratuity, Pension or Compensation) upon retirement, resignation, retrenchment or termination of service; or
(i) if he is a law officer or an employee of the Central Government or of any State Government or of any corporation or other body constituted under any law for the time being in force who has been enrolled as an advocate under the Advocates Act, 1961 and the rules made thereunder notwithstanding his being a hill-time salaried employee.