(1) When the place of a trustee appointed by the State Government, becomes vacant by his resignation, removal or death, the State Government shall appoint a person to fill the vacancy.
(2) Every person appointed to fill a casual vacancy under this section shall hold his place for the time for and subject to the conditions upon which it was tenable by the person in whose place he has been so appointed, and no longer, but he may, if otherwise qualified, be reappointed :
Provided that no person appointed under sub-section (2) shall continue to be a trustee after he ceases to be a member of the committee.
9. The chairman and each trustee shall receive such salary or remuneration as may be sanctioned by the State Government.
Resignation of trustee.
Filling of casual vacancies.
Remuneration of chairman and trustee.
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10. 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 competent 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 a 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 contract 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 clause (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 17; 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, if his continuance in office is, in the opinion of the State Government, unnecessary or undesirable :
Removal of trustee.
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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.
11. A trustee removed under clauses (a), (b), (d), (e), (f) and (g) of section 10 shall not be eligible for re-appointment :
Provided that if a trustee has been removed by reason of his having been declared an insolvent, or disqualified under sub-clause (c) of section 10, he shall be eligible for re-appointment when he shall have obtained his discharge or undertake to participate in all the meetings of the trust.
12. No act done or proceeding taken by a trust or a committee thereof appointed under this Act shall be questioned on account of any defect in the constitution of the trust or any vacancy in membership or any defect in the appointment of the chairman or trustee or any defect or irregularity of such act or proceedings not affecting the merits of the case.
Disabilities of trustee removed under section
10.
Defect or irregularity not to vitiate proceedings.
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CHAPTER III PROCEEDINGS OF THE TRUST AND COMMITTEE