Disqualifications for office of Trustee

Disqualifications for office of Trustee.

1. (1) No person shall be a Trustee who—
   • (a) is not a citizen of India or a Commonwealth citizen, or
   • (b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the [State Government] disqualifies him from being a Trustee, if such sentence has not been reversed, set aside, or remaled, or
   • (c) is an uncertificated bankrupt or undischarged insolvent, or
   • (d) holds any office or place of profit under the [Board]: Provided that this disqualification shall not apply to the Chairman or Vice-Chairman who may, subject to the sanction of the [State Government], be permitted to hold any of the offices under the Board referred to in section 28, or
   • (e) has, directly or indirectly, any share or interest in any work done by order of the Board, or in any contract or employment with, by, or on behalf of, the Board. No person shall be deemed to have a share or interest in such work, contract, or employment by reason only of his—
     • (i) having a share in any Joint Stock Company which shall contract with or be employed by, or on behalf of, the Board, or
     • (ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Board may be inserted, or
     • (iii) being interested in any loan of money to the Board, or
     • (iv) having a share or interest in any lease, sale, exchange or purchase, of immovable property or any agreement for the same, or
     • (v) having a share or interest in any licence by the Board, or right by agreement or otherwise with the Board to the sole or preferential use of any railway siding or any berth for vessels in the docks belonging to the Board, or
     • (vi) having a share or interest in the occasional sale to the Board, to a value not exceeding two thousand rupees in any one official year, of any article in which he trades, or
     • (vii) being a person to whom, or a member of a firm or company to which, any of the functions specified in clauses (a) and (b) of sub-section (1) of section 40 shall have been relinquished under section 42, or
   • (f) not being an Indian by birth, is domiciled in any British possession or colony as defined in the Interpretation Act of 1889, the laws of which do not confer or recognize rights and privileges in respect of British India which are equal to those conferred or recognized in respect of other residents: Provided that the decision of the [State Government] shall be final as to whether the conditions of the clause are fulfilled.
2. (2) Any Trustee who—
   • (a) becomes disqualified for any of the aforesaid reasons, or
   • (b) refuses to act or becomes incapable of acting, or
   • (c) fails to attend, without the permission of the Board previously obtained, three consecutive ordinary meetings of the Board, or
   • (d) is absent from the meetings of the Board for a period exceeding six consecutive months, shall cease to be a Trustee.