(1) A member of the Trust Committee elected under clause (h), or nominated under clause (i), of sub-section (2) of section 4 shall be disqualified for being chosen as, and for being, such member—
(a) if he is of unsound mind and stands so declared by a competent court; or
(b) if he is an undischarged insolvent; or
(c) if he is absent from more than three consecutive meetings of the Trust Committee without the leave of the Trust Committee; or 178 The West Bengal Advocates Welfare Fund Act, 1991.
XIII of 19911 (Sections 6-9.)
(d) if he is a member of the Fund and defaults to pay the annual subscription to the Fund; or
(e) if he commits a breach of trust; or
(f) if he is convicted by a competent court for an offence involving moral turpitude; or
(g) if he is suspended by the Bar Council from practice or if his name is removed by the Bar Council from the State roll.
(2) The State Government may remove any member of the Trust Committee elected under clause (h), or nominated under clause (i), of sub-section (2) of section 4, who has incurred any of the disqualifications as aforesaid, after giving him an opportunity of being heard.
6. Any member of the Trust Committee elected under clause (h), or nominated under clause (i), of sub-section (2) of section 4 may resign his office by giving in writing under his hand addressed to the State Government one month's notice, and upon such resignation being accepted by the State Government, he shall be deemed to have vacated his office.
7. Any casual vacancy occurring in the office of a member of the Trust Committee elected under clause (h), or nominated under clause (i), of sub-section (2) of section 4, whether by reason of his death, removal, resignation or otherwise, may be filled up as soon as possible by election or nomination, as the case may be, in accordance with the provisions of this Act, and the person so elected or nominated shall hold office for the remainder of the term of office of the person in whose place he is so elected or nominated.
Resignation by members of Trust Committee.
Filling up of casual vacancy.
8. No act or proceeding of the Trust Committee shall be deemed vacancies to be invalid by reason merely of any vacancy in, or any defect in the amongst members, constitution of, the Trust Committee. or defect in constitution, of Trust Committee not to invalidate proceeding of Trust Committee.
9. ( ) The Trust Committee shall meet at least once in every three Meetings of months to transact business under this Act or the rules made thereunder.
Trust Committee.
179 The West Bengal Advocates Welfare Fund Act, 1991.
[West Ben. Act (Sections 10, II.)
(2) The Trust Committee shall hold ordinarily in the fourth week of June every year a general meeting, in addition to any other meeting held under sub-section (1), to be called the annual general meeting, but fifteen months shall not intervene between the date of the last annual general meeting and that of the next annual general meeting:
Provided that the first annual general meeting of the Trust Committee shall be held on a date not later than fifteen months from the date of the first meeting of the Trust Committee held under sub-section (1).
(3) (a) The meetings of the Trust Committee shall be convened by Secretary of the Trust Committee with the approval, or under the direction, in writing, of the Chairman, or the Working Chairman of the Trust Committee, and the date, time and place of such meetings shall be such as may be fixed by the Chairman, or the Working Chairman, of the Trust Committee.
(b) At least fifteen days' notice of every such meeting shall be given by the Secretary of the Trust Committee to each member of the Trust Committee:
Provided that in the case of any emergency, such meeting may be convened with notice of at least two days.
(4) Five members of the Trust Committee shall be a quorum for a meeting of the Trust Committee.
(5) The Chairman or, in his absence, the Working Chairman or, in the absence of both, a member elected by the members present in the meeting shall preside over a meeting of the Trust Committee.
(6) Any matter coming up before a meeting of the Trust Committee for decision shall be decided by a majority of the members present and voting and, in the case of equality of votes, the Chairman or the Working Chairman or the member presiding over the meeting shall have a casting vote.
Vesting of Fund in Trust Committee.
Functions of Trust Committee.
10. The Fund shall vest in the Trust Committee and shall, subject to the provisions of this Act, be applied by the Trust Committee for carrying out the purposes of this Act.