Section 59: Termination or variation of a charitable trust

59. Termination or variation of a charitable trust (1) Where trust property is held for a charitable purpose and— (a) the purpose has been, as far as may be, fulfilled; (b) the purpose cannot be carried out at all, or not according to the directions given and to the spirit of the gift; (c) the purpose provides a use for part only of the property; (d) the property, and other property applicable for a similar purpose, can be more effectively used in conjunction, and to that end can more suitably be applied to a common purpose; (e) the purpose was laid down by reference to an area which was then, but has since ceased to be, a unit for some other purpose, or by reference to a class of persons or to an area which has for any reason since ceased to be suitable or to be practicable in administering the gift; [Issue 1] T22 – 28 Revised Laws of Mauritius (f) the purpose has been adequately provided for by other means; (g) the purpose has ceased to be charitable (by being useless or harmful to the community or otherwise); or (h) the purpose has ceased in any other way to provide a suitable and effective method of using the property, the property, or the remainder of the property, as the case may be, shall be held for such other charitable purpose as the Court, on the application of the Attorney-General, the trustee or the enforcer, may declare to be consistent with the original intention of the settlor. (2) Where trust property is held for a charitable purpose, the Court, on the application of the Attorney-General, the trustee or the enforcer, may approve any arrangement which varies or revokes the purposes or terms of the trust or enlarges or modifies the powers of management or administration of the trustee, if it is satisfied that the arrangement— (a) is now suitable or expedient; and (b) is consistent with the original intention of the settlor. PART X – APPLICATION TO FOREIGN TRUST