Can a blind person remains a managing trustee of any charitable trust
Tapan
(Querist) 25 April 2014
This query is : Resolved
DEAR SIR,
MY FATHER IS AN FOUNDER TRUSTEE OF AN CHARITABLE TRUST AND SINCE LAST 20 YEARS HE IS WORKING AS A MANAGING TRUSTEE OF THE TRUST. 5 YEARS BACK DUE TO AN ACCIDENT HE LOST HIS EYES, SO AS A SON I AM PERFORMING HIS BASIC DUTIES. SINCE LAST FEW MONTHS OTHER TRUSTEE DONT LIKE THIS AS THEY HAVE TO OBEY ME SO, WITH THE HELP OF FEW LOCALS THEY PRESSURIZE US TO RESIGN FROM MANAGING TRUSTEE, THEY ALSO THREATENED US THAT IF WE WILL NOT DO SO THEN THEY WILL MOVE TO COURT.
SO HERE I WOULD LIKE TO KNOW THAT CAN A BLIND PERSON REMAINS A MANAGING TRUSTEE OF ANY CHARITABLE TRUSTEE.
Devajyoti Barman
(Expert) 25 April 2014
If trust is silent on this issue then can not force you to resign.
A blind perosn is not unfit to discharge his duties unless it is established that he is ill-equipped to perform the function of a trustee on which ground he can be removed but with the intervention of court.
You did a mistake to resign on your own.
Sudhir Kumar, Advocate
(Expert) 25 April 2014
blind man can even hold govt appointments. They even work as teachers, lawyers.
Prima-facie no law against it.
Tapan
(Querist) 25 April 2014
Thank you sir for your views
P. Venu
(Expert) 26 April 2014
The fact, as set out, suggest that the real problem is not the blind person is the trustee, but that blind person has been reduced to a rubber stamp and someone else (the queriest himself) has taken over the reins on the blind trustee's behalf and, admittedly, ordering things around.
This is authority without responsibility and accountability and undoubtedly, impermissible.
Tapan
(Querist) 26 April 2014
Sir how can we take new trustees. A managing trustee has to take permission of other trustees to take new trustees.or he can take new trustee by his own.
malipeddi jaggarao
(Expert) 26 April 2014
Those all depend upon the contents of the trust deed. Unless the same is verified, it is not possible to give any advice on this aspect.
Advocate. Arunagiri
(Expert) 26 April 2014
If majority of the trustees decides, the Managing Trustee shall resign and leave way for the selection of the new Managing Trustee.
He may have the eligibility to act as a managing trustee, but, the majority of the trustees has the right / power to remove the managing trustee.
R.V.RAO
(Expert) 27 April 2014
there is no rule in the world that physically incapacitated persons cannot occupy responsible positions .They can certainly work as good as any body, OR EVEN BETTER than others also, as they realize their limitations and work even harder to excel.
since you may be young ,the other elderly trustees do not like to work under you or work with you.
here the problem is not your efficiency or otherwise, but your acceptability being a younger trustee.
you are help less, because if provided in the trust deed, the majority of other trustees may vote you out of your office.
choice is yours. if you are interested to serve the interest of the trust earnestly, offer to work for the trust , in any capacity other than trustee.
your earnestness and humility will earn you laurels from the other unwilling trustees , and may even bring you back the position of a trustee.
Guest
(Expert) 27 April 2014
Nothing prevents a blind man to be a trustee of a trust.
Sudhir Kumar, Advocate
(Expert) 27 April 2014
Mr P Venu has perhaps gone to grip of problem.
You yourself said
"A SON I AM PERFORMING HIS BASIC DUTIES."
SO if the constitution allows change of Managing trustee due to reason of incapacity then blind person (though other wise not incompetent to hold office) cannot insist that his son should act as managing trustee and he should simply sign.
Read trust constitution and them come forward.
Guest
(Expert) 28 April 2014
Mr. Sudhir,
The main question is, "Can a blind person remains a managing trustee of any charitable trust," NOT that whether the son can perform his basic duties.
performing basic duties can be restricted only to assisting the trustee to do such jobs pertaining to reading or writing, which a blind person cannot do himself. Any other trustee can also assist him to do his jobs where he feels incapacitated.
The main objection lies in the statement of the querist, "OTHER TRUSTEE DONT LIKE THIS AS THEY HAVE TO OBEY ME." A valid question arises, why the son should give directions to other trustees and why should they obey the son. The son should not act as a managing trustee or issue directions from his side to the other trustees without his being formally selected as a trustee after observing due formalities. Only his father should issue directions for other trustees, if there is any need.
So, there should not be any objection of the querist helping the managing trustee in performing his duties, but being a helper, he should desist from issuing any direction to the other trustees from his side.
Guest
(Expert) 28 April 2014
Mr. Tapan,
Hope, you would have taken the hint from my post addressed to Shri Sudhir Kumar, as to what you should or should not do for and on behalf of the managing trustee, may he be your respected father. The objection of other trustees is quite valid. Until you are elected as a trustee, you are required to act as the assistant of the managing trustee, not as his unauthorised substitute.
The question of replacement of the managing trustee depends upon acting by the provisions of the constitution and/or byelaws of the trust.
Tapan
(Querist) 28 April 2014
Thank you all for your views, Thank you Dhingra sir, I will keep this things in mind.
Tapan
(Querist) 28 April 2014
Thank you all for your views, Thank you Dhingra sir, I will keep this things in mind.
Guest
(Expert) 28 April 2014
You are welcome.
T. Kalaiselvan, Advocate
(Expert) 28 April 2014
The experts namely Mr. Venu, Mr. R. V. Rao and Mr. Dhingra found some the valid points and very correct observations to the author's problems and their advises are very suitable and may be followed if the author is really trying to sort out the issues, amicably.
R.V.RAO
(Expert) 29 April 2014
thanks. thiru kalaiselvan ji.
