40. Powers of the Court on Application Under Section 38 or Section 39
(1)On receipt of an application made under or in pursuance of Section 38 or Section 39, the Court shall make or cause to be made such inquiry into the case, as it deems necessary and pass such orders thereon as it may consider appropriate.(2)While exercising the powers under Sub-section (1), the Court shall, besides other powers, have power to make an order for -(a)removing any trustee;(b)appointing a new trustee;(c)declaring what portion of the trust property or of the interest therein shall be allocated to any particular object of the trust;(d)providing a scheme of management of the trust property;(e)directing how the funds of a public trust whose original object has failed shall be spent, having due regard to the object for which the trust was created;(f)issuing such other direction as the nature of the case may require.(3)Any order passed by the Court under Sub-section (2) shall be deemed to be a decree of such Court and an appeal shall be therefrom to the High Court.
