section 5
Term of office of Non-official members resignation and removal of such members and casual vacancies arising in their places.
The Koodalmanickam Devaswom Act 2005Civil200540 sections5 chapters
Chapter II COMMITTEE
Statutory text
- (1) A member nominated under clause (b) or clause (c) of sub-section (1) of section 4 shall hold office for a period of three years from the date of his nomination and shall be eligible for renomination.
- (2) A member referred to in sub-section (1) may resign his office by giving notice in writing thereof to the Government and shall cease to be a member on his resignation being accepted by the Government.
- (3) The Government may, by order, remove a member from office referred to in sub-section (1), if,—
- (a) he is of unsound mind and stands so declared by a court of competent jurisdiction; or
- (b) he has applied for being adjudged as an insolvent, or is an undischarged insolvent; or
- (c) he has been convicted for any offence involving moral turpitude; or
- (d) they are satisfied that he has been guilty of corruption or misconduct in the administration of the Devaswom; or
- (e) he has absented himself from more than three consecutive meetings of the Committee and is unable to explain such absence to the satisfaction of the Committee; or
- (f) he, being a legal practitioner, has acted or appeared on behalf of any person against the interest of the Devaswom in any legal proceeding after he has been nominated as a member of the Committee; or
- (g) he cease to profess the Hindu Religion or to believe in temple worship; or
- (h) he has committed any act in support of the practice of untouchability or has committed or abetted the Commission of any act in connection with the said act.
- (4) A member shall not be removed under sub-section (3), unless he has been given a reasonable opportunity of showing cause against his removal.
- (5) A member who is removed under sub-section (3) may, within one month from the date of the receipt of the order of removal, institute a suit in the court to set aside the order.
- (6) The term of office of a member nominated to fill a casual vacancy shall be the remaining period of the member in whose place he has been nominated.
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