PTI Act 10Chapter II · Chapter II

Section 10 · Removal of trustees

- The State Government may by notification remove any trustee :-

(a)

if he refuses to act, or becomes, in the opinion of the State Government, incapable of acting or has been declared an insolvent, or has been convicted of any such offence or subjected by a Criminal Court to any such order as implies, in the opinion of the State Government, a defect of character which unfits him to be a trustee; or

(b)

if he has been declared by notification to be disqualified for employment in, or has been dismissed from the public service and the reason for the disqualification or dismissal is such as implies, in the opinion of the State Government, a defect of character which unfits him to be a trustee; or

(c)

if he has absented himself for more than three consecutive months from the meetings of the trust, or of any committee of which he is member, and is unable to explain such absence to the satisfaction of the State Government; or

(d)

if in the opinion of the State Government he has flagrantly abused his position as a trustee; or

(e)

if he has knowingly acquired or continued to hold without the permission in writing of the State Government, directly or indirectly or by a partner, any share or interest in any contact or employment with, by or on behalf of the trust; or

(f)

if he has knowingly acted as a trustee in a matter other than a matter referred to in clause (iv) or (v) of the following proviso in which he or a partner had, directly or indirectly, a personal interest, or in which he was professionally interested on behalf of a client, principal or other person; or

(g)

if he has acted in contravention of section 16; or

(h)

being a legal practitioner, if he acts or appears on behalf of any other person in any criminal proceeding instituted by or on behalf of the trust; or

(i)

in the case of a salaried [Government Officer] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.], if his continuance in office is, in the opinion of the State Government, unnecessary or undesirable :

Provided that a person shall not be deemed for the purpose of clause (e) to acquire, or continue to have, share or interest in a contract or employment by reason only of his -

(i)having a share or interest in any lease, sale or purchase of land or building, or in any agreement for the same, provided that such share or interest was acquired before he became a trustee, or

(ii)

having a share in a joint stock company which shall contract with, or be employed by or on behalf of the trust, or

(iii)

having a share or interest in a newspaper in which an advertisement relating to the affairs of the trust is inserted, or

(iv)

holding a debenture or otherwise being interested in a loan raised by or on behalf of the trust, or

(v)

being retained by the trust as a legal practitioner, or

(vi)

having a share or interest in the occasional sale of an article in which he regularly trades to the trust, to a value not exceeding, in any one year, such amount as the trust with the sanction of the State Government, may fix in this behalf.

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