If members are not allowed to vote complain to charity commissioner
2) seek court orders to direct trustees to permit the members to vote
3) don’t refund the membership fees
Maharashtra Public Trust Act 1950
The recorded trustees of trust since inception did not filed any change report. Assistant Charity Commissioner under sectiion 41 A orderd the recorded trustees to hold the election. The recorded trustees are not allowing 800 members made in our tenure to vote and saying they are illegal members . What is now the status of said members and what about the membership fees collected from members ? Can we refund the same ?
Asked 1 year ago in Property Law
Religion: Sikh
6 Answers
What is the status of membership fees . Can we refund the fees?
Asked 1 year ago
Under no circumstances should you refund the membership fees
I presume due process of law has been followed in admitting members
Section 41A of the Maharashtra Public Trusts Act, 1950 gives the Charity Commissioner the power to issue directions to trustees and others connected with public trusts:
To ensure that the trust is properly administered
To ensure that the income is accounted for and used for the trust's purposes
To prevent trust property from being wasted, damaged, alienated, wrongfully sold, removed, or disposed of.
Section 41A of the B.P.T. Act, 1950 gives ancillary or additional powers to the Charity Commissioner to suppress the apprehended mischief to the property and income of the Trust and also in the administration of the Trust. Such a power also exists on judicial side in Section 41E of the B.P.T. Act, 1950.
The members can appoint an authorized representative on their behalf to represent them and lodge a complaint and pursue the matter legally with the charity commissioner or court of law on the basis of evidences for the payment of membership fees and seek legal intervention against the arbitrary and illegal or wrong decisions taken by the trustees in this regard.
The members have paid the fees for membership with the belief that they are ,members hence they should fight against the trustees for this unjustified and illegal actions against the members legally.
You may consult a local lawyer and proceed legally as suggested
- If the recorded trustees did not filed a change report and there is an order from the Assistant Charity Commissioner to hold elections, it raises questions about the validity of the recorded trustees' claims.
- Further, the legitimacy of the 800 members made during your tenure may depend on the trust’s bylaws.
- Further, if the Assistant Charity Commissioner has ordered for election, then it clear that all eligible members have the right to vote.
- Further, if the recorded trustees claim that the 800 members are illegal, then they can take legal action .
- Further, as the membership of the 800 individuals is valid as per the order of Assistant Charity Commissioner under section 41A, then you may not need to refund the fees.
Dear Client,
In the Present Scenario, the recorded trustees of the trust had not filed any change report since its inception. Further, the Assistant Charity Commissioner under §41A, had ordered the recorded trustees to hold election, but they are not allowing 800 members, made in your tenure, to vote, stating that they are illegal members. Hence, it is enquired as to the status of the members and on the membership fees that has been collected from them. Herein, firstly, it has been clearly stated under the relevant legislation that, trusts must follow the prescribed protocols of holding elections and membership. If the 800 members had been admitted, in compliance with the rules laid down, then their membership would be considered valid unless they have been disqualified. However, an evidence may be asked for to prove their illegality. With respect to the membership fees, if the members are valid, then there is no need of refund, however, if ruled invalid, their fees may be refunded, but in consideration of the trust's best interest. Therefore, it is suggested that, an appeal is made to the Assistant Charity Commissioner, to deal with the issue, asking for voting rights, and if still denied, they may file a petition in the civil court, seeking for enforcement of their rights.
Hope you find this answer beneficial for resolving the dispute.
