(1)A person shall be disqualified for becoming a trustee if he -(a)is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State or is under acknowledgement or adherence to a foreign State;(b)has been convicted and sentenced to imprisonment for an offence involving moral turpitude which, in the opinion of the Government, disqualifies him from being a trustee and if such sentence has not been reversed, set aside, or remitted;(c)is of unsound mind;(d)is an undischarged insolvent;(e)holds any office of profit under the Board; or(f)has, directly or indirectly any share or interest in any work done by order of the Board, or in any contract or employment with, by or on behalf of the Board.(2)No person shall be deemed to have a share or interest in any work, contract or employment within the meaning of Clause (f) of Sub-section (1) by reason only of his -(i)having a share in any incorporated company which may contract with or be employed by, or on behalf of, the Board;(ii)having a share or interest in any newspaper in which any advertisement relating to the affairs of the Board may be published;(iii)being interested in any loan advanced to the Board;(iv)having a share or interest in any lease, sale, exchange or purchase of immovable property or any agreement for the same;(v)having a share or interest in any licence granted by the Board; or having any right by agreement or otherwise with the Board to the sole or preferential use of any berth for vessels in the docks belonging to the Board;(vi)having a share or interest in the occasional sale to the Board, to a value not exceeding two thousand rupees in any one financial year, of any article in which he trades; or(viii)being a person to whom, or a member of a firm or incorporated company to which, any of the functions specified in Clauses (a) and (e) of Sub-section (1) of Section 36 shall have been relinquished under Section 38.(3)A trustee shall cease to remain a Trustee on the Board if he-(a)becomes disqualified in pursuance of the provisions of the foregoing sub-sections;(b)refuses to act or becomes incapable of acting;(c)fails to attend, without the previous permission of the Board, three consecutive ordinary meetings of the Board; or(d)is absent from the meetings of the Board for a period exceeding six consecutive months.(4)Whenever any question arises as to whether any condition specified in Sub-section (2) or (3) has been satisfied the same shall be referred to Government who shall make such orders as they deem fit and the order so made shall be final and binding on the parties :Provided that no such order shall be made without giving the parties concerned not more than fifteen days' time for being heard in the matter.
