special power in the instrument of
trust.
47. A trustee cannot delegate his office
or any of his duties either to a co-trustee ... trustees must join in the execution of the duties of
the office."
25
It was held that a trustee cannot delegate
Trust Act 1882
which reads as under:-
"47. Trustee cannot delegate.- A trustee cannot delegate his
office or any of his duties either ... delegation is permissible.
24. An act which requires discretion to be exercised cannot be
delegated by a trustee as against acts which do not require
principle laid down is that the trustees cannot transfer their
duties and functions in other words, trustees cannot delegate
their duties and powers. In paragraph ... trustees; (3) where the delegation of
power is necessary; (4) where the beneficiaries
competent to contract consent to the delegation; (5)
where the delegation
inoperational. In any event, Clause 11(j) cannot be utilised to appoint a
permanent trustee for which a specific power is conferred in Clause ... administration of the Trust and its affairs and
properties. A trustee cannot delegate his power under a Deed of Trust,
trusteeship being an office
inoperational. In any event, Clause 11(j) cannot be utilised to appoint a
permanent trustee for which a specific power is conferred in Clause ... administration of the Trust and its affairs and
properties. A trustee cannot delegate his power under a Deed of Trust,
trusteeship being an office
M/S. Atma Ram Properties (P) Ltd vs Pal Properties (India) Pvt. Ltd on 12
Board of Trustees and only that authority is competent
to exercise the powers of termination. The service conditions of the
plaintiff cannot be changed ... which are beyond
the scope and realm of contract.
20. There cannot be delegation of powers which can operate
retrospectively. If a question is posed
express direction of the settlor. Delegation or authorisation of the sale by a trustee to his co-trustees, is possible only if it is express ... sale, as in the exercise of other powers, a trustee cannot, therefore, properly delegate the performance of the acts which he ought personally perform. Although
Trust Act, which clearly
stipulates that a trustee who has accepted the trust cannot
afterwards renounce it except with the permission of a principal
civil ... respondent-
petitioners cannot give up their duties, liabilities and functions
and they cannot delegate the same to any other trustees or body
without the prior
appoint EO and such power having not been delegated to any authority, the Joint Commissioner cannot issue a show cause notice under Section ... provisions, the department cannot exercise that power automatically.
e) Section 26(1) of the Act contemplates the disqualification of Trustees. In the instant case
