(1) It shall be the duty of
the trustee to prevent destruction, termination of, or otherwise loss
to, the trust in a manner prejudicial to the benefit of the beneficiary
or contrary to the object of the trust.
(2) If the trust property is not managed properly or is made
subject to cheating or fraud or is embezzled or used for other
purposes, any trustee or beneficiary may, subject to the provisions
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set forth in the memorandum of incorporation, file a complaint in
the court for the prevention of such embezzlement.
Provided that any one whosoever may file a complaint in the
case of a public trust.
(3) If, upon a complaint filed pursuant to sub-section (2), it
is held that the trust property has not been managed properly or has
been made subject to cheating or fraud or embezzled or used for
other purposes, the court shall recover the claimed amount from the
embezzler and may also order compensation to be paid by a trustee
if the trustee has committed such embezzlement.