Indian Trusts Act,1882

Act No : 2

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Section : Trustee cannot delegate

47. Trustee cannot delegate.-A trustee cannot delegate his officeor any of his duties either to a co-trustee or to a stranger, unless(a) the instrument of trust so provides, or (b) the delegation is inthe regular course of business, or (c) the delegation is necessary, or(d) the beneficiary, being competent to contract, consents to thedelegation. Explanation.--The appointment of an attorney or proxy to do anact merely ministerial and involving no independent discretion is nota delegation within the meaning of this section. Illustrations (a) A bequeaths certain property to B and C on certain trusts tobe executed by them or the survivor of them or the assigns of suchsurvivor. B dies. C may bequeath the trust-property to D and E uponthe trusts of A's will. (b) A is a trustee of certain property with power to sell thesame. A may employ an auctioneer to effect the sale. (c) A bequeaths to B fifty houses let at monthly rents in trustto collect the rents and pay them to C. B may employ a proper personto collect these rents.38

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