47. Power of Court to appoint new trustee or trustees, as the case may be.
(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.(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 [may by order appoint] [These words were substituted for the words 'may appoint' by Bombay 28 of 1953, Section 7 (1).] 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 sole trustee.(6)The [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.
