(1) The *[State Government] may remove from the trust any trustee, other than an ex-officio trustee, who,-
(a) refuses to act, or becomes incapable of acting, or absents 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 trust, or
(b) is an undischarged insolvent or has compounded with his creditors, or
(c) has been sentenced by a criminal court to imprisonment for a term exceeding six months or to transportation, or has been ordered to find security for good behaviour under the Code of Criminal Procedure, such sentence or order not having subsequently been reversed or remitted or the offender pardoned, or
(d) 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
(e) has knowingly acted as a trustee in a matter other than a matter referred to in clause (iv) or clause (v) of the proviso to this sub-section 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
(f) being a legal practitioner, in any suit or other proceeding, acts or appears on behalf of any other person Removal of trustees.
40 [Act No.VII of 1920] against the trust or acts or appears on behalf of any other person in any criminal proceeding instituted by or on behalf of the trust:
Provided that a person shall not be deemed for the purpose of sub-section (1) to acquire, or continue to have any 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 buildings, 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.
(2) The *[State Government] may remove from the trust a trustee who in their opinion has so abused his position as [Act No.VII of 1920] 41 a trustee as to render his continuance as a trustee detrimental to the public interest:
Provided that when the *[State Government] propose to take action under the foregoing provisions of this section an opportunity of explanation shall be given to the trustee concerned, and, when such action is taken, the reasons therefor shall be placed on record.