puducherry · Act 45 of 2001

Section 34 — Power of appropriate Government to supersede Trustee Committee.

The Advocates’ Welfare Fund Act, 2001

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34. Power of appropriate Government to supersede Trustee Committee.—(1) If at any time the
appropriate Government is of the opinion—




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                                                               od
        (a) that, on account of circumstances beyond the control of the Trustee Committee, it is unable to
    discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or
                                                          aC
        (b) that the Trustee Committee has persistently defaulted in complying with any direction given
    by the appropriate Government under this Act or in the discharge of the functions or performance of
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    the duties imposed on it by or under the provisions of this Act; or
                                               In


        (c) that circumstances exist which render it necessary in the public interest so to do,
the appropriate Government may, by notification and for reasons to be specified therein, supersede the
Trustee Committee for such period, not exceeding six months, as may be specified in the notification and
appoint, in consultation with the Chief Justice of the High Court having jurisdiction, a Judge of the High
Court to be the Controller of the Trustee Committee:
    Provided that before issuing any such notification, the appropriate Government shall give a
reasonable opportunity to the Trustee Committee to make representations against the proposed
supersession and shall consider the representations, if any, of the Trustee Committee.
   (2) Upon the publication of a notification under sub-section (1) superseding the Trustee
Committee,—
        (a) the Chairperson, Members and the Secretary of the Trustee Committee shall, as from the date
    of supersession, vacate their offices as such;
         (b) all powers, functions and duties which may, by or under the provisions of this Act, be
    exercised or discharged by or on behalf of the Trustee Committee shall, until the Trustee Committee
    is reconstituted under sub-section (3), be exercised and discharged by the Controller of the Trustee
    Committee; and
       (c) all properties and Fund owned or controlled by the Trustee Committee shall, until the Trustee
    Committee is reconstituted under sub-section (3), vest in the appropriate Government.
    (3) On or before the expiration of the period of supersession specified in the notification issued under
sub-section (1), the appropriate Government shall reconstitute the Trustee Committee by a fresh
appointment of its Chairperson, Members and Secretary of such Committee and in such case a person
who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for
reappointment.
    (4) The appropriate Government shall cause a copy of the notification issued under sub-section (1)
and a full report of any action taken under this section and the circumstances leading to such action to be
laid before each House of Parliament or before each House of the State Legislature, where it consists of
two Houses or where such Legislature consists of one House, before that House, as the case may be, at the
earliest.
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Source and version

India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.

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Section 34 — Power of appropriate Government to supersede Trustee Committee. | The Advocates’ Welfare Fund Act, 2001 | NYAYA SIGNALNYAYA SIGNAL · Free access · Official source references

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