Section 47(1) in The Bombay Public Trusts Act, 1950
(1)Any person interested in a public trust or the Charity Commissioner may apply to the Court for the appointment of a new trustee, when a trustee of such trust-(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 office authorised by the State Government in this behalf;(c)leaves India for the purposes 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.
