1. On receipt of an application made under or in pursuance of section 38 or section 39 the court shall make or cause to be made such inquiry into the case as it deems necessary and pass such orders thereon as it may consider appropriate.
2. While exercising the powers under sub-section (1) the court shall, besides other powers, have power to make an order for -
(a) removing any trustee;
(b) appointing a new trustee;
(c) declaring what portion of the trust property or of the interest therein shall be allocated to any particular object of the trust;
(d) providing a scheme of management of the trust property;
(e) directing how the funds of a public trust whose original object has failed shall be spent, having due regard to the object for which the trust was created;
(f) issuing such other directions as the nature of the case may require.
3. Any order passed by the court under sub-section (2) shall be deemed to be a decree of such court and an appeal shall lie there from to the High Court
2. While exercising the powers under sub-section (1) the court shall, besides other powers, have power to make an order for -
(a) removing any trustee;
(b) appointing a new trustee;
(c) declaring what portion of the trust property or of the interest therein shall be allocated to any particular object of the trust;
(d) providing a scheme of management of the trust property;
(e) directing how the funds of a public trust whose original object has failed shall be spent, having due regard to the object for which the trust was created;
(f) issuing such other directions as the nature of the case may require.
3. Any order passed by the court under sub-section (2) shall be deemed to be a decree of such court and an appeal shall lie there from to the High Court
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More sections of this act
Section 1 · Short title, extent and commencementSection 2 · DefinitionsSection 3 · Public trust not to be void on ground of uncertaintySection 4 · Public trust not void on ground that it is void for non-charitable or nonreligious purposes.Section 5 · Public trust not void on ground of absence of obligationSection 6 · Public trust not void on failure of specific object or society etc. ceasing to exist.Section 7 · Devasthan CommissionerSection 8 · Assistant Devasthan CommissionerIndia Code, Government of India. Text fetched 12 Oct 2026. Source metadata reports last modification: 2026-05-15. Check the linked official text and subsequent notifications when applying a provision.