Section 47 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
This article explains the Maharashtra Public Trusts Act, 1950 as it applies in the State of Maharashtra, formerly the Bombay Public Trusts Act, 1950. Section 47 lets any person interested in a public trust apply to the Charity Commissioner for a new trustee where there is none, or the trust cannot be administered until a vacancy is filled, or for the suspension, removal or discharge of a trustee in nine listed situations; it also lists what the Charity Commissioner considers, allows him to vest property in the new trustee and provides an appeal.
This article explains section 47 as amended up to Maharashtra Act No. XXXVI of 2018 (in force 21 May 2018), per the official text of the Law and Judiciary Department modified up to 19 December 2018. Maharashtra amended the Act again in 2019, 2020, 2024 and 2025; the amending texts consulted do not change this section, but the current text should be checked on the Charity Commissioner's website before relying on it.
Any person interested in a public trust may apply to the Charity Commissioner for a new trustee (where there is no trustee or the trust cannot be administered until the vacancy is filled) or for the suspension, removal or discharge of a trustee in situations (a) to (i). After hearing the parties and making an inquiry, the Charity Commissioner may appoint a trustee or remove or discharge one, having regard to five listed considerations, and may vest the trust property in the new trustee. Appeal lies to the Court within sixty days; the order is otherwise final.
Origin
Section 47 was substituted by Mah. 20 of 1971, s. 32, as the footnote prints. Sub-section (5) was substituted by Mah. 55 of 2017, s. 12. The older sections 47AA, 47A, 47B, 48 and 49 were deleted by Mah. 20 of 1971, s. 33. A trust that needs trustee resolutions and an application drafted can use board resolution and legal documents support. For a different route to remove a trustee for default, wilful disobedience, misappropriation and similar causes, see Section 41D.
Sub-section (1): who applies, and the situations
"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,—"
| Clause | Situation, as printed |
|---|---|
| (a) | "disclaims or dies" |
| (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" |
| (c) | "leaves India for the purpose of residing abroad" |
| (d) | "is declared as insolvent" |
| (e) | "desires to be discharged from the trust" |
| (f) | "refuses to act as a trustee" |
| (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" |
| (h) | "in any of the cases mentioned in Chapter III, is not available to administer the trust" |
| (i) | "is convicted of an offence punishable under this Act or an offence involving moral turpitude" |
Notes on the list. The applicant is "any person interested", a wide group. Clause (b) turns on a continuous period of six months abroad without leave; absence for shorter spells or with leave does not fit. Clause (g) depends in part on "the opinion of the Charity Commissioner" on unfitness or physical incapacity. Clause (h) refers to the cases of Chapter III, for instance the failure of a specific object or society (see Sections 10 to 13); it applies where, in such a case, a trustee is not available to administer the trust.
Sub-section (2): the order
"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)." Two steps: hearing the parties, and an inquiry as he deems fit. The order may appoint, remove or discharge. The section does not use the word "suspend" in sub-section (2), although sub-section (1) and the heading speak of suspension.
Sub-section (3): what he must consider
In appointing a trustee, the Charity Commissioner "shall have regard"
- (a) to the wishes of the author of that trust;
- (b) to the wishes of the persons, 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.
These are mandatory considerations: an order that ignores them is open to challenge. A person proposing a candidate should address each of them in the application, for instance by producing the trust deed's appointment clause and proof of the candidate's suitability. For documents recording a trustee's appointment by the trustees themselves, see appointment of a new trustee: resolution and deed.
Sub-section (4): vesting of property
"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." So the vesting follows the order and takes effect on the direction; no separate conveyance is required by the text. The vesting can be by the same order or a later one.
Sub-section (5): appeal
"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."
The Indian Trusts Act, 1882 has its own provisions on the appointment of new trustees, including by a court, in a different Act that does not apply to public charitable or religious trusts; see Section 73 and Sections 74 and 75 of that Act for comparison.
Illustration. The sole trustee of a small education trust in Amravati dies. Two parents of students apply to the Charity Commissioner under section 47(1)(a). After hearing the parties and making an inquiry, he considers the wishes of the author of the trust as shown in the deed, the custom of the school, and the interest of the parents and students, and appoints one of the two applicants as trustee. By the same order he directs that the trust property vests in the new trustee. An unsuccessful candidate may appeal to the Court within sixty days from the date of the order.
Need help with a vacancy among trustees?
If a trust has lost trustees or has no one to act, our team can prepare the application, the supporting documents and the resolutions, and represent the trust. Speak to us about board resolution and legal documents support.
Key takeaways
- Any person interested may apply to the Charity Commissioner for a new trustee where there is none or the trust cannot be run, or for suspension, removal or discharge in nine listed situations.
- The Charity Commissioner hears the parties, makes an inquiry, and may appoint, remove or discharge.
- He must have regard to the author's wishes, the wishes of those empowered to appoint, whether the appointment will promote the trust, the public interest, and the custom and usage of the trust.
- He may vest trust property in the new trustee by the same or a later order.
- Appeal to the Court lies within sixty days from the date of the order.
- Sections 47AA, 47A, 47B, 48 and 49 are deleted.
Read next
- Section 41D: suspension, removal and dismissal of trustees
- Sections 10 to 13: when a public trust is not void
- Appointment of a new trustee: resolution and deed
- Section 73 of the Indian Trusts Act, 1882: appointment of new trustees
Disclaimer: Based on the Maharashtra Public Trusts Act, 1950 as modified up to 19 December 2018 in the official text of the Law and Judiciary Department, Government of Maharashtra, as consulted on 3 October 2026. Maharashtra amended the Act again in 2019, 2020, 2024 and 2025; the current text, the Maharashtra Public Trusts Rules and the Charity Commissioner's circulars should be checked. This article is general information, not legal advice; check the official text before acting.