Recent representation by BJP Professional Cell, Mumbai, directed to Shri Devendra Fadnavis ji, Hon’ble Dy Chief Minister of Maharashtra, encapsulates the multifaceted challenges confronting charitable trusts within the administrative ambit. The editorial emphasizes the intricate difficulties faced by trusts and Chartered Accountants, outlining the cumbersome nature of filing change reports, the hurdles in obtaining certified copies, and the intricacies associated with online filing of annual accounts. The central plea revolves around the urgent need for an Amnesty Scheme, aiming to rectify the delayed filings of statutory documents. Additionally, the editorial underscores the necessity for broader reforms, including the allowance of Chartered Accountants in tribunals and a streamlined process for certified copies. The representation serves as a comprehensive call to action, urging prompt intervention to enhance the efficiency and transparency of the administrative framework governing charitable trusts in Maharashtra.
BJP Professional Cell, Mumbai
DATE: 23.12.2023.
To,
Shri Devendra Fadnavis ji
Hon’ble Dy Chief Minister
[Law & Judiciary]
Maharashtra State,
Mumbai.
Respected Sir,
SUB: 1. Suggestion on Admin Difficulties at Charity Commr Office
2. Amnesty for Filling Change Reports, Annual Accounts Stmnts, etc. Statutory Docs.
We hereby put before you various know nds of difficulties being faced by Trusts and CAs/practitioners & request you for declaring Amnesty Scheme for filing Various Statutory docs/ returns.
1. Filing of change reports is cumbersome n time consuming.
2. Change reports are getting disposed.
3. Various Tribunals are Allowing Chartered Accounts to appear before them. Charity Commissioner is also a quasi-judicial authority and they should allow CA appear before them.
4. Filling of Annual Accounts in online should be simplified. Besides filling documents online physically filling of the copy should be dispensed with.
5. There are number of cases, Where Statutory forms/returns/reports viz. Change Reports, annual accounts statements etc. are either not filed for many years or late filed, may be due to some genuine reasons.
We Suggests Amnesty Scheme be declared to enable nd thus records at charity Commr office also vll get Streamlined, for future better administrations of law.
6. Certified Copies- To get the certified copies it takes 1-2 months.
7. Application for the certified copies is bifurcated into unnecessary 5 different forms viz.
a) To obtain order copy of trust,
b) To obtain Records and Proceedings of the same Trust,
c) To obtain Bye-Laws of the same Trust,
d) To obtain Audit Report of the same Trust,
e) To obtain Schedule I of the same Trust,
for all the above different forms are required to be filled which otherwise all the above documents can be obtained in 1 single form but they are unnecessarily creating multiple applications.
8. Schedule-I is never updated even though in every Change Report the concerned officer orders to update Schedule I.
9. The Trust who are running Educational Institutes are in more pain as the Education Department only considers the updated Schedule I and in the office of the Charity Commissioner Schedule I is never updated unless …………..
10. Sometimes Schedule I is updated but not signed by the concerned superintendent and hence. the copies are not given to the applicant or the applicants have to wait for months.
11. Although it is a duty of the office of the Charity Commissioner to maintain Schedule I but if the Schedule I is torn then the Trustees have to make an application to re-write the Schedule I and have to pay the charges for the same.
12. Since the office of the Charity Commissioner is a Quasi-Judicial Authority on the pretext of Administrative work the officer’s start the Judicial Board at their own sweet time and in the meantime the Trustees and the litigants have to keep waiting endlessly.
13. The judicial matters especially matter related to the Change Reports never starts on time. The Trustees and other litigants are kept at the mercy of the concerned officer. Some starts the matter at 11.30 some at 12.00 & some at 12.30 instead of original time of 10.30.
14.When a Trust or the litigants are represented by the Advocates and have also filed their Vakalatnama in the matter then also some officers ask Reporting Trustee and other Trustees to remain present personally. Then what is the use of Advocates. Especially in the un-contested matters the presence of the Trustees who are represented by the Advocates is not at all required.
15.Sometimes even if the matter is on the board for hearing but the bench-clerks plays mischief and on the pretext of shortage of staff matters are not kept ready for the hearing and in turn again a next date is given that also of 2-3 months.
16.Renames are not maintained and then litigants have to be on the mercy of the Bench-Clerks.
17. Many times the board of judicial matters gets discharged for the administrative meetings nd the trustees and litigants have to suffer. All the administrative works/ meetings Kept in the 2nd half of the day.
18. In the Change Report matters the litigants are given adjournments dates of 2-3 months, which prolongs justice to needs.
19. In the change report where the notice to the outgoing trustees/ Members is issued in those cases just because acknowledgements from the postal departments are not received matters are pending for sometimes years.
20. Once the special Drive is announced the officers stop working on regular days and prepares for the special drive so as to earn the more brownie points. It is beyond the understanding of a common man that if the same change report can be decided in the special drive then what is the hurdle in deciding the same on regular days For filling of Accounts.
Awaits Your immediate action on above issues and request for your appointment, to discuss with you above issues.
Awaits your prompt Action
Thanking You
Yours Faithfully
