require the execution of trusts by all the trustees and therefore Ex.A.1 cannot be enforced. That plaintiffs never asked for title deeds ... stipulate that unless and until the instrument of trust provides a trustee cannot delegate his duties to a co-trustee or to a stranger
instrument of tst otherwise provides."
Section 47 reads: "A trustee cannot delegate his office or any of his duties either ... business, or (c) the delegation is necessary, or (d) the beneficiary, being competent to contract, consents to the delegation."
There is, therefore, a very
opinion that it was a salutary principle of law that a trustee cannot delegate his duties or transfer his office during his life time ... argument that he having been appointed the trustee by the committee, cannot himself delegate his power to another trustee. But it cannot be ignored that
mere consequences of negligence where they have not themselves benefited improperly. I cannot accept this contention so broadly stated. A man of course ... agent's acts. It is an established rule that trustees cannot delegate their office, and, if they do thus divest themselves of their trust
special power in the instrument of trust. Under Section 47 , a trustee cannot delegate his office or any of his duties either ... certain exceptional cases to which we shall presently refer, a trustee cannot delegate any of the duties, functions, and powers of his office
lawful. The trustees of a public
charitable trust are to exercise their duties/functions themselves and
not by delegation. The Indian Trust Act, though applicable ... Trusts Act or is a public charitable or religious trust, a trustee
cannot delegate any of his duties, functions and powers to a co-
trustee
Section 47 is as follows :-
"A trustee cannot delegate his office or any of his duties either to a co-trustee ... lease cannot be delegated, equally other cannot be. Both the functions are effected with beneficiary's judgment. All the co-trustees are bound
valid as, it was agreed to only by one of the trustees of the plaint temple and not by the other; (2) that the defendant ... there are more trustees than one, all must join in the execution of the trust and that one trustee cannot delegate any of his duties
therefore, clear that one co-trustee cannot give notice to quit determining the tenancy. The decision to determine the tenancy by giving notice to quit ... instrument of trust otherwise provides.'
Section 47 reads :
'A trustee cannot delegate his office or any of his duties either
under Section
3 of the Act of 1978 is that of a trustee in management of
30
the Devaswom properties and the Committee is duty ... that the trustees cannot delegate their powers
and duties to any other person, we hold that G.D.M.C
cannot delegate its powers, functions
