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State of Bihar - Section

Section 10 in The Darbhanga Improvement Act, 1934

10. Removal of Trustees.

- The [State] [Substituted by the Adaptation of Laws Order.] Government may by notification declare that any Trustee shall cease to be a Trustee-
(a)if he refuses to act, or becomes in the opinion of the [State] [Substituted by the Adaptation of Laws Order.] Government incapable of acting or has been adjudicated 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] [Substituted by the Adaptation of Laws Order.] 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] [Substituted by the Adaptation of Laws Order.] 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 meeting 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] [Substituted by the Adaptation of Laws Order.] Government; or
(d)if in the opinion of the [State] [Substituted by the Adaptation of Laws Order.] 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] [Substituted by the Adaptation of Laws Order.] 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 (v) of the provision to this 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
(g)if he has knowingly contravened the provisions of Section 16; or
(h)being a legal practitioner, if he acts or appears on behalf of any person against the Trust in any legal proceedings relating to any matter in which the Trust is or has been concerned, or acts or appears on behalf of any person in any legal proceeding instituted by or on behalf of the Trust against such person; or
(i)in the case of a salaried servant of Government, if his continuance in office is, in the opinion of the [State] [Substituted by the Adaptation of Laws Order.] Government, unnecessary or undesirable:
Provided that a person shall not be deemed, for the purpose of clause (e), to acquire or continue to have a 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, provided that such share was acquired before he became a Trustee, 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] [Substituted by the Adaptation of Laws Order.] Government, may fix in this behalf.