Complain to charity commissioner against the committee members not submitting report
you can also issue legal notice to trust and the committee members
Trust related
History TMS is a chariable public trust registered in Maharashtra. In 2017 election held and new 11 member committee formed for the period of 2017 -22. This Committee never submitted a change report to charity commissioner. In 2022 ,after completing the term some of the members of 2017 -22 re- elected including Secretary,Joint secretary , Treasurer and three committee members. Othe other are newly elcted. Even after 18 months of an election Secretary is not ready to submit the change report. What we can do legally to expell the irresponsible secretary ,joint secretary and treasurer from this committee? What legal steps to be followed?
Asked 2 months ago in Constitutional Law
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4 Answers
If the acts of the secretary appears to be against the interest of trust then a complaint in writing may be made to the Charity commissioner in this regard giving complete details of the irregularities observed and seek intervention and remedial action.
Section 41A Power of Charity Commissioner to issue directions for proper
administration of the trust –
(1) Subject to the provisions of this Act, the Charity Commissioner may
from time to time issue directions to any trustee of a public trust or any person
connected therewith , to ensure that the trust is properly administered, and the
income thereof is properly accounted for or duly appropriated and applied to the objects and for the purposes of the trust ; and the Charity Commissioner may also give directions to the trustees or such person if he finds that any property of the trust is in danger of being wasted, damaged, alienated or wrongfully sold,removed or disposed of.
(2) It shall be the duty of every trustee or of such person to comply with the direction as prescribed in the subsection 1 above.
Complaint to commissioner and/or file suit in court.
Dear Client,
I just want to let you know that,
It clearly falls within Section 22 of the Maharashtra Public Trusts Act, 1950, which requires that, in situations where there has been a change in the trustees or office, a report of change be sent to the Charity Commissioner. Such a failure in default is a flagrant violation. The Secretary, Joint Secretary, and Treasurer may be served with first official notice to comply with their legal duties. If they still don't comply, you can ask the Charity Commissioner to step in as he has supervisory authority under Section 41D of the Act. This clause gives the Commissioner the authority to dismiss trustees if they behave carelessly or violate trust. To remove the members who are not in compliance, you can pass a resolution in the general body and file the necessary change report.
Thank you.Hope this answers your query.
