Section 47(2) in The Bombay Public Trusts Act, 1950
(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.
