Section 5
Disqualifications and removal of Chairperson or Member of Trustee Committee.
The Advocates' Welfare Fund Act, 2001
About this Act
An Act to provide for the constitution of a welfare fund for the benefit of advocates and for matters connected therewith or incidental thereto.
(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.
(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.