Power of Charity Commissioner to Appoint, Suspend, Remove Or Discharge Trustees and to Vest Property in New Trustees.

¹[47. Power of Charity Commissioner to appoint, suspend, remove or discharge trustees and to vest property to new trustees.- (1) Any person interested in a public trust may apply to the Charity Commissioner 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,-

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(a) disclaims or dies;

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(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 or the officer authorised by the State Government in this behalf;

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(c) leaves India for the purpose of residing abroad ;

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(d) is declared as insolvent;

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(e) desires to be discharged from the trust;

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(f) refuses to act as a trustee ;

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(g) becomes in the opinion of the Charity Commissioner unfit or physically incapable to act in the trust or accepts a position which is inconsistent with his position as trustee;

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(h) in any of the cases mentioned in Chapter III, is not available to administer the trust; or

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(i) is convicted of an offence punishable under this Act or an offence involving moral turpitude.

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(2) The Charity Commissioner may, after hearing the parties and making such enquiry as he 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).

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(3) In appointing a trustee under sub-section (2), the Charity Commissioner shall have regard-

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(a) to the wishes of the author of that trust;

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(b) to the wishes of the persons, if any, empowered to appoint a new trustee;

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(c) to the question whether the appointment will promote or impede the execution of the trust;

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(d) to the interest of the public or the section of the public who have interest in the trust ; and

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(e) to the custom and usage of the trust.

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(4) It shall be lawful for the Charity Commissioner 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 property subject to the trust shall vest in the person so appointed and thereupon it shall so Vest.

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²[(5) An appeal shall lie to the Court, against the order of Charity Commissioner under sub-section (2), as if such order was a decree of a district court as a court of original jurisdiction from which an appeal lies, within sixty days from the date of the order, which shall otherwise be final.]

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