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Section 41: Application for appointment of new working trustee.

Rajasthan Public Trust Act 1959State Act of Rajasthan · Act 42 of 1959

1. If the present working trustee of a public trust -

(a) disclaims or dies,

(b) is for a continuous period of six months absent from India without the leave of the Commissioner or an Assistant Commissioner or other officer authorized by the State Government in this behalf or leaves India for the purpose of residing abroad.

(c) is declared an insolvent,

(d) desires to be discharged from the trust,

(e) refuses to act as a trustee,

(f) becomes unfit or physically in capable to act in the trust or accept as position which is in consistent with the trust or

(g) is not available to administer the trust such working trustee or any person having interest in the public trust, as the case may be, may apply to Assistant Commissioner having jurisdiction for permission to apply to the court for the appointment of a new working trustee.

2. The Assistant Commissioner, after making such inquiry as the considers necessary and, where the application has not been made by the working trustee himself after giving him a reasonable opportunity of being heard, direct such working trustee or any other trustee or person having interest in the new working trustee, and where the person so directed fails to make such an application or for any other reason the Assistant Commissioner considers it expedient so to do, he shall himself make the application.

Where this provision sits

ActRajasthan Public Trust Act 1959
Section41
Marginal noteApplication for appointment of new working trustee.
JurisdictionState of Rajasthan
StatusIn force as published by the source

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