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State of West Bengal - Section

Section 5 in The Howrah Improvement Act, 1956

5. Disqualifications for being appointed or elected a Trustee.

(1)A person shall be disqualified for being appointed [* * * * *] [The words 'or elected' omitted by W.B. Act 15 of 1995.] a Trustee if he -
(a)has been convicted and sentenced by any Court for an offence punishable with imprisonment for a period of not less than six months; or
(b)is an undischarged insolvent; or
(e)holds any office or place of profit under the Board; or
(d)has, directly or indirectly, by himself, or by any partner, employer or employee, any share or interest in any contract or employment with, by, or on behalf of, the Board; or
(e)is a director, or a secretary, manager or other salaried officer, of any incorporated company which has any share or interest in any contract or employment with, by, or on behalf of, the Board.
(2)But a person shall not be disqualified as aforersaid or be deemed to have any share or interest in such contract or employment as aforesaid, by reason only of his having a share or interest in -
(i)any sale, purchase, lease, or exchange of land, or any agreement for the same; or
(ii)any agreement for the loan of money, or any security for the payment of money only; or
(iii)any newspaper in which any advertisement relating to the affairs of the Board is inserted; or
(iv)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 by reason only of his having a share or interest, otherwise than as director, or secretary, manager or other salaried officer, in any incorporated company which has any share or interest in any contract or employment with, by, or on behalf of, the Board.
(3)The State Government may, if it thinks fit, remove by an order the disqualification mentioned in clause (a) of sub-section (1) and shall do so if, in the opinion of the State Government, the offence does not involve moral turpitude.