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State of Maharashtra - Section

Section 10 in Nagpur Improvement Trust Act, 1936

10. Removal of Trustees.

(1)The [State] [Substituted for 'provincial' by A. O., 1950.] Government may remove from the Trust any Trustees other than an ex officio Trustee who---
(a)refuses to act, or becomes incapable of acting as a Trustee, or absents himself without the permission of the Trust 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 being reversed or remitted or the offender pardoned, or
(d)has acquired or continued to hold without the permission in writing of the [State] [Substituted for 'provincial' by A. O., 1950.] 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 the Municipal committee, or
(e)has 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 had either directly or indirectly, a personal interest, as a partner, employer, agent or counsel, or
(f)has acted in contravention of section 20, or
(g)being a legal practitioner, in any suit or other proceedings, acts or appears on behalf of any other person against the Trust, or acts or appears on behalf of any other person in any criminal proceedings instituted by or on behalf of the Trust :
Provided that a person shall not be deemed for the purpose of this sub-section to acquire, or continue to have, any share or interest in a contract or employment by reasons 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)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] [Substituted for 'provincial' by A. O., 1950.] Government, may fix in this behalf.
(2)The [State] [Substituted for 'provincial' by A. O., 1950.] Government may remove from the Trust a trustee who in its opinion has so flagrantly abused in any manner his position as a Trustee as to render his continuance as a Trustee detrimental to the public interest.
(3)Wherever the [State] [Substituted for 'provincial' by A. O., 1950.] Government proposes 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.
(4)A Trustee, who remains absent without the permission of the Trust for more than three consecutive months from the area to which this Act extends, shall be deemed to have resigned his office.