Section 41D in The Maharashtra Public Trusts Act, 1950
41D. Suspension removal and dismissal of trustees.¬¬––
(1)The Charity Commissioner may, either on application of a trustee or any person interested in the trust, or on receipt of a report under section 41B or suo motu may suspend, remove or dismiss any trustee of a public trust, if he,—(a)makes persistent default in the submission of accounts report or return;(b)wilfully disobeys any lawful orders issued by the Charity Commissioner under the provisions of this Act or rules made thereunder by the State Government;(c)continuously neglects his duty or commits any malfeasance or misfeasance, or breach of trust in respect of the trust;(d)misappropriates or deals improperly with the properties of the trust of which he is a trustee; or(e)accepts any position in relation to the trust which is inconsistent with his position as a trustee;(f)if convicted of an offence involving moral turpitude.(2)When the Charity Commissioner proposes to take action under subsection (1), he shall frame charges against the trustee or the person against whom action is proposed to be taken and give him an opportunity of meeting such charges of testing the evidence adduced against him and of adducing evidence in his favour. The order of suspension, removal or dismissal shall state the charges framed against the trustee, his explanation and the finding on each charge, with the reasons therefor.(3)Pending disposal of the charges framed against a trustee the Charity Commissioner may place the trustee under suspension.(4)Where the Charity Commissioner has made an order suspending, removing or dismissing any trustee and such trustee is the sole trustee or where there are more than one trustee and the remaining trustee according to the instrument of trust, cannot function or administer the trust without the vacancy being filled, then in that case the Charity Commissioner shall appoint a fit person to discharge the duties and perform the function of the trust, and such person shall hold office only until a trustee is duly appointed according to the provisions of the instrument of trust.(5)A trustee, aggrieved by an order made under sub-section (1) may, within ninety days from the date of communication of the order of suspension, removal or dismissal, apply to the Court against such order.(6)An appeal shall lie to the High Court against the decision of the Court under sub-section (5) as if such decision was a decree from which an appeal ordinarily lies.(7)The order of the Charity Commissioner shall, subject to any order of the Court or in appeal, be final.
