Joshiraj 14 January 2017

Non-cognizable offence in a trust i was a trustee

I have been part of a Trust as a Trustee which has a church and other Trust which did not bank with FCRA registration. The second trust was a Public Charitable and Educational Trust which receives fund from forigners who are working in India with employment visa but involved in christian religious activities leading the church under the 1st Trust. From abroad these foriegners receive fund via their bank a/c in abroad and India then withdraw the money throug the ATM and bring the fund to the 2nd tust which sometimes send its fund to the 1st trust. These 2 Trust are managed by an American who is the pastor married an Indian lady who is the Managing Trustee of the 1st Trust. Some fund is kept with the pastor without bringing into any trust but some amouts are brought in by him for specific program. Seeing all such mess I resigned from the 1st Trust and requested for some documents from the pastor and managing trustee. They refuced to provide acceptance to my resignation and required documents like last month cash book copy, major minutes of my tenure, etc.What can I do? Can I disclose all violations what I know like visa violation, etc.to Indian Goverment? The foreigners do not want to adhear to the law of the land. Please advice how to proceed.

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G.L.N. Prasad (Retired employee.) 15 January 2017

A highly sensitive issue that can not be advised without details and your part / role in trust.

First write a registered Ack due letter to trust, knowing all that what you know about the trust and the circumstances that forced you to resign. Here narrate all facts. If this allegations are not denied, you can protect yourself and at the same time non denial confirm facts. This letter should appear as though you are giving resignation, and should appear as though you are requesting for acceptance of resignation, but at the same time should consist of facts as allegations that can not be rebutted, and should be treated by them as threats for resignation. Take xerox copies and enclose all documents and seek acknowledgments of all documents you are submitting.. You need not submit any complaint at this stage, but those should be in writing communicated to President, and as repeatedly being told it should serve as facts of irregularities, and aimed to protect yourself.

Persons living in glass houses should not throw stones. If you have committed any financial irregularity, and to suppress you have resigned and black mailing the Church, remember you have been doing at your risk, and members are not aware of your duties and responsibility.

Remember that Indian Government is very serious and ordered for scrutization of all the accounts with precision.

Joshiraj 15 January 2017

Thank you so much for the time and advice. Yes it is complex and sensitive. My role was a Trustee of the 1st Trust and Assistant Leader & Translator of the Church. I do not have any access to thier finance except review their accouts at end of every month so financial irregularity at my side. I did not want to be Trustee considering the liability of Trustee in the case of non-compliance and unsatifactory accountability. Can the foreigners do religious work through the church unser the 1st Trust? If it is aviolation what would be the responsibility of the Trusteesas they do not listen because they bring fund and pay the workers? What is your opinion of the foriegners using their ATM to fud the 2nd Trust - Is it okay under FCRA? If they directly fund some programs at the village without bringing into any trust account and doing some Gospel work? The pastor did not want to accept my resignation because I resign with stating the reason for my resignation. The Trustees of the second Trust want everyone to conceal the sourcce of fund so annonimous donations are found. All such fund is coming by cash though exceeding Rs.20,000 in single time. The forieng pastors family expenditure per month like rent Rs.25,000, car fuel & maint Rs.8,000,education Rs2,000, Food Rs.20,000, etc thus ended up with annual expenditure of exceeding Rs.2,40,000. Will he have problem with Income Tax as he does not file IT Return and his wife also does not file IT Return though she has PAN. I donot know how all will affect the Trustees. Please share your thoughts. Thank you.