You are viewing the translated version of गुठी सञ्चालकको पद रिक्त सम्बन्धी व्यवस्था.

Section 328
Arrangements for the vacancy of the post of Guthi director

(1) In any of the following cases, the post of Guthi director shall be vacant:-
(a) If he is ineligible to be a Guthi director,
(b) If he resigns from the position of Guthi director,
(c) If he dies or falls into a marriage,
(d) If it is an organized organization, it is dissolved according to the law, if it is dissolved or if it falls into bankruptcy,
(e) If the Guthi has been established for a fixed period, on completion of that period,
(f) If the term of office expires due to the appointment of Guthi director for a fixed term,
(G) If he is removed by the Guthi founder or the court for misappropriating the Guthi property or not taking proper care of such property.
(2) According to sub-section (1), if the position of Guthi director is vacant, such position shall be filled by completing the procedures mentioned in the establishment deed.
(3) If the position of Guthi director cannot be filled according to sub-section (2), if there is a beneficiary, and if there is no beneficiary or the beneficiary cannot be ascertained, the relevant local level shall submit an application to the relevant district court with a list of possible names to appoint a Guthi director.
(4) If there is an application to appoint a Guthi director according to sub-section (3), the district court shall appoint a suitable person from the list of candidates provided by the applicant as a Guthi director in accordance with the spirit of the charter.
(5) If any Guthi director is relieved of his office due to the reasons mentioned in sub-section (1), he shall as soon as possible hand over the property of the Guthi under his charge, control or use to another director and only because he is relieved of office, he shall not be liable for any kind of liability or legal action for the work done while he was a director. Will not get immunity. But if all the directors are discharged, such assets will have to be transferred after the appointment of another director.
(6) According to this section, if the position of the director of a public company with only one director is vacant or if the position is filled, the information thereof shall be given to the registrar.