51. Power of tribunal to appoint new trustee or trustees.
(1)Any person interested in a public trust or the Charity Commissioner, may apply to the tribunal for the appointment of a new trustee, where there is no trustee for such trust or the trust cannot be administered until the vacancy is filled or for the suspension, removal or discharge of a 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 the Deputy or Assistant Charity Commissioner 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 tribunal, unfit or physically incapable to act in the trust or accepts a position which is inconsistent with his position as trustee;(h)in any of the cases mentioned in Chapter III, is not available to administer the trust; or(i)is convicted of an offence punishable under this Act or an offence involving moral turpitude.(2)The tribunal may, after hearing the parties and making such enquiry as it may deem fit, by order appoint any person as a trustee or may also remove or discharge any trustee for any of the reasons specified in sub-section (1).(3)In appointing a trustee under sub-section (2), the tribunal shall have regard -(a)to the wishes of the author of that trust;(b)to the wishes of the person, if any, empowered to appoint a new trustee;(c)to the question whether 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.(4)It shall be lawful for the tribunal upon making any order appointing a new trustee under sub-section (2) either by the same or by any subsequent order to direct that any trust property shall vest in the person so appointed and thereupon it shall so vest.(5)The order of the tribunal under sub-section (2) shall be deemed to be the decree of the Court and an appeal shall lie there from to the High Court.
