(1) Any person interested in a public trust or the Charity Commissioner may apply to the Court for the appoinment of a new trustee, when a trustee of such trust- Charity Commissioner can act trustee of Public trusts.
Charity Commissioner may with con-sent be appointed trustee of settlement by grantor.
Appointment of Charity Commissioner as trustee under will.
Power of Court to appoint new trustee or trustees, as the case may be.
[1950: Bom. XXIX Bombay Public Trusts Act, 1950
(a) disclaims or dies;
(b) is for a continuous period of six months absent from India without the leave of the Charity Commissioner or Deputy or Assistant Charity Commissioner or the officer authorised by the State Government in this behalf;
(c) leaves India for the purpose Of residing abroad;
(d) is declared an insolvent;
(e) desires to be discharged from the trust;
(f) refuses to act as a trustee;
(g) becomes in the opinion of the Court unfit or physically incapable to act in the trust or accepts a position which is inconsistent with the trust; or
(h) in any of the cases mentioned in Chapter III is not available to administer the trust.
(2) No such application shall be entertained,-
(a) unless the trustee who on account of any of the reasons mentioned in clauses (a) to (h) of sub-section (1) is not fit or available to administer the trust is the sole trustee or unless by the vacation of office by one or more trustees on account of any of the said reasons the minimum number of trustees required by the instrument, scheme, order or decree of the Court or usage or custom of the trust for the administration of the trust is reduced;
(b) (i) until the expiration of a period of three months from the date on which the trustee is not so fit or available to administer the trust; and
(ii) if a new trustee has been appointed in the said office during the said period in accordance with the instrument, scheme, order or decree of the Court, or custom or usage of the trust.
(3) The Court after making an inquiry 84[may by order appoint] the Charity Commissioner or any other person as the trustee to fill up the vacancy.
(4) In appointing the trustee under sub-section (3) the Court shall have regard-
(a) to the wishes of the author of the trust;
(b) to the wishes of the person, if any, empowered to appoint a new trustee;
(c) to the question whether the appointment will promote or impede the execution of the trust;
(d) to the interest of the public or the section of the public who have interest in the trust; and
(e) to the custom and usage of the trust.
(5) Where the Charity Commissioner is appointed a trustee, he shall be the 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 25 of 53 sole trustee.
(6) The 85[order] of the Court under sub-section (3), shall be deemed to be the decree of the Court and an appeal shall lie therefrom to the High Court.
86[47AA. Where a trustee of any public trust is convicted of an offence punishable under this Act, 87[or any amount is surcharged on him under sub-section (1) of section 41], the Charity Commissioner may apply to the Court for the appointment of a new trustee, and thereupon the provisions of subsections (3), (4), (5) and (6) of section 47 shall apply as they apply to an application made under sub-section (1) of that section.]
88[47A. It shall be lawful for the Court upon making any order appointing a new trustee under sub-section (3) of section 47 89[or section 47AA] either by the same or by any subsequent order to direct that any property subject to the trust shall vest in the person so appointed].
90[47B. Nothing in section 44. 91[47 or 47AA]-
(a) shall empower any Court to appoint the Charity Commissioner to be a trustee of any public trust for a religious purpose, or
(b) shall entitle the Charity Commissioner to accept any trust, if such acceptance requires the Charity Commissioner to manage the affairs of any religious denomination or any section thereof in the matter of religion:
Provided, that if the author of the public trust for a religious purpose so intends, or the person or the authority in whom or which the property of such public trust vest deems it expedient in public interest, the Court may appoint the Charity Commissioner, the sole trustee of such public trust or the Charity Commissioner may accept such trust].