Appeal to simplify and speedup procedure for approval u/s. 22 of Bombay Public Trust Act, 1950, where any change occurs in any of the entries recorded in the Register of Trusts
The President, Mumbai.
Kindly consider the following and make an appropriate representation.
As per section 22 of the Bombay Public Trust Act, 1950, where any change occurs in any of the entries recorded in the Register of Trusts, the trustee shall, within 90 days from the date of occurrence of such change, report such change to the Deputy or Assistant Charity Commissioner. The change report is required to be filed in schedule III [vide Rule 13(1)].
The filing of the change report ensures that the records of the Charity Commissioner reflect the latest position of a public trust. Where the change to be reported relates to any immovable property, then along with the change report furnish a memorandum in schedule III A [vide Rule 13(1A)] containing particulars relating to any change in the immovable property.
It is the duty of the trustees to intimate the change in the names of the trustee or the property of trust or any other particulars in respect of the trust.
The following documents are also required to be submitted along with the schedule III or schedule III A, as the case may be, in respective circumstances:
a) In case of change in trustees the resolution appointing the new trustee and consent letter from the new trustee should be filed along with schedule III.
b) In case of deletion of the name of any trustee,
(i) the letter of resignation and resolution accepting resignation or
(ii) certified copy of death certificate or any other relevant documentary evidence, should be filed along with schedule III.
c) If change is in respect of any immovable property then all the documents relating to title of the property should be filed along with schedule III A.
By filing schedule III & schedule III A, trustees duties do not get over. After filing the change report, it should be accepted by the Deputy or Assistant Charity Commissioner. For this the Deputy or
Assistant Charity Commissioner may hold an inquiry before recording any change in the Register of Public Trust i.e. schedule I. After holding such an inquiry, if he is satisfied, the changes are recorded in the Register of Public Trust i.e. schedule I is amended. If in any case he is not satisfied and rejects the change report then the reasons for rejection should be recorded. In case of change report in respect of immovable property the officer is required to issue public notice for inviting objection from public in respect of whether the property shown in change report is a property of the Trust or not. Generally, such notice is required to be given in newspaper as public notice and a copy whereof is required to be pasted or affixed on the property in presence of “Panch” by the Trust itself. The proforma of the said notice will be handed over to the Trust (who is required to give such notice in newspaper). After giving such notice in newspaper and/or any other mode as ordered by the concerned officer, the said office wait for about 30 days for receiving objection, if any. Thereafter at the time of hearing of the change report,
(i) in case no objection is received from anyone after recording evidences of Examinee-in-chief i.e. Reporting Trustee and after satisfying with the title documents, the officer accepts such change report, and
(ii) in case any objection is received against the said change report, the officer will conduct judicial inquiry by issuing notice to the objector for filing his say and/or statement and after hearing both the Trustees and objector give his judgement in respect of the said property whether the same is a property of the Trust or not.
So when change report results into amendment in schedule I, then only we can say that the procedure is over.
This procedure takes a long time. Sometimes it has been observed that preceding 4-5 years change reports are pending with the Deputy or Assistant Charity Commissioner and due to this schedule I does not show the latest position of the trust. In such cases Trustees are advised to pursue the matter.
For the benefit of all the Public Charitable and Religious Trusts, Trustee & all such Trusts should jointly make a petition before Law Minister, Law and Judiciary Department Sachivalaya, Maharashtra to amend this and other similar provisions in such a way that if nothing is intimated within 120 days, the said change reports should be deemed to have been accepted by the said officer, especially in the case of schedule III. In the case of schedule IIIA, since it is more sensitive matter and if it is not incorporated in schedule I within 120 days then the person concerned should be made accountable.
I hope you will make appropriate representation.
(C.A. Tushar Doctor)
(Zankhana Pranjal Mehta)