Power to suspend, remove or dismiss trustees

(1) In this section, the expression, “appropriate authority” shall, unless the context otherwise requires, means— (a) in respect of any trustee of any religious institution included in the list published under clause (iii) of section 46, the Government ; (b) in respect of any trustee of any religious institution included in the list published under clause (ii) of section 46; the Commissioner; (c) in respect of any trustee of any religious institution included in the list published under clause (i) of section 46 and in respect of any hereditary trustee of any religious institution not included in the list published under the said section 46, the Joint / Deputy Commissioner. (d) in respect of any non-hereditary trustee of any religious institution not included in the list published under section 46 the Assistant Commissioner. (1-A) Notwithstanding anything contained in sub-section (1) for the purpose of this section, the Government shall also by the appropriated authority in respect of any trustee of any religious institution. (2) The appropriate authority may suspend, remove or dismiss any trustee, if he— (a) ceases to profess the Hindu religion ; or (b) fails to discharge the duties and perform the functions of a trustee in accordance with the provisions of this Act or the rules made thereunder ; or (c) disobeys the lawful orders issued under the provisions of this Act or the rules made thereunder by the Government, the Commissioner, or the Joint Commissioner or Deputy Commissioner or the Assistant Commissioner ; or (d) continuously neglects his duty or commits any malfeasance, misfeasance or breach of trust, in respect of the trust ; or (e) misappropriates or deals improperly with the properties of the institution ; or (f) is of unsound mind or is suffering from other mental defect or infirmity which would render him unfit to perform the functions and discharge the duties of a trustee or is suffering from leprosy or other loathsome disease ; or (g) is sentenced by a criminal Court for an offence involving moral delinquency, such sentence not having been reversed or the offence pardoned ; or (h) is an undischarged insolvent ; or (i) is interested in a subsisting lease of any property of, or contract made with or any work being done for, the religious institutions or endowment; (ii) is in arrears or default of any kind due by him to the religious institution ; or endowment; (j) acts adversely to the interests of the institution ; or (jj) willfully fails to pay the contribution payable under sub-section (1) of section 92 or the further sum payable under sub-section (2) of section 92 within the time allowed by or under clause (b) of sub-section (2) of section 94 ; or (k) absents himself from three consecutive meetings of the trustees Explanation.—A meeting adjourned for want of quorum shall be deemed to be a meeting for the purposes of this clauses; or (l) in the case of a Chairman of the Board of Trustees or a Managing or Executive trustee, refuses or delays to, or does not, hand over charge to his successor. (3) When it is proposed to take action under sub-section (2), the appropriate authority shall frame charges against the trustee concerned and give him an opportunity of meeting such charges, of testing the evidence adduced against him and of adducing evidence in his favour ; and the order of suspension, removal or dismissal shall state the charges framed against the trustee, his explanation and the finding on each charge with reasons therefor. (4) Pending the disposal of the charges framed against the trustee, the appropriate authority may place the trustee under suspension and appoint a fit person to discharge the duties and perform the functions of the trustee. (5) A trustee who is aggrieved by an order passed under sub-section (2), may within one month from the date of the receipt by him of the order of suspension, removal or dismissal, appeal against the order— (i) where the order has been passed by the Commissioner, to the Government; (ii) where the order has been passed by the Joint Commissioner or Deputy Commissioner, the Commissioner; and (iii) where the order has been passed by the Assistant Commissioner, to the Joint /Deputy Commissioner. (5-A) A Trustee who is aggrieved by an order passed by the Government under sub-section (2) may, within ninety days form the date of the receipt of such order by him, appeal against such order to the High Court. (6) A hereditary trustee aggrieved by an order passed by the Commissioner or the Government under sub-section (5) may, within ninety days from the date of the receipt of such order by him, institute a suit in the Court against such order.