Section 41[d] of bombay public trust act
Querist :
Anonymous
(Querist) 10 October 2011
This query is : Resolved
1]can non member of religious trust file application for remove of trustees u/s 41[d] of Bombay public trust Act.
2]which court have jurisdiction to entertain above application.
3]Is there any prescribed form for filing application u/s 41[d]and 41[d]3.
Raj Kumar Makkad
(Expert) 10 October 2011
The charity commissioner (only in the state of Maharashtra) has powers under section 41D of the Bombay Public Trusts Act to suspend, remove or dismiss any trustee of a public trust if:
a). there is persistent default in the submission of accounts, report or return;
b). willful disobedience of any lawful order issued by the department;
c). continuous neglect of duty or breach of trust;
d). misappropriation or improper use of trust property;
e). if the trustee is convicted of an offence involving moral turpitude.
So complaint can be made to commissioner by any aggrieved person on the aforesaid grounds.
prabhakar singh
(Expert) 11 October 2011
1]can non member of religious trust file application for remove of trustees u/s 41[d] of Bombay public trust Act.???????
ANSWER:::YES A TRUSTEE OR ANY PERSON INTERESTED IN THE TRUST.THE WORDS USE OR"a trustee or any person interested in the trust,"
2]which court have jurisdiction to entertain above application.?????????
ANSWER:::The Charity Commissioner.
3]Is there any prescribed form for filing application u/s 41[d]and 41[d]3.???????
ANSWER::: RULE 25AA DEALS THIS PROBLEM.ANY SUCH APPLICATION SHOULD STATE FACTS AS ENUMERATED THEREIN AND FOR A READY REFERENCE THE SAME RULE IS REPRODUCED BELOW:
"25AA. Application under section 41D, 41E and 47.ÂÂ
(1) Every application to the Charity Commissioner under sections 41D.
41E and 47 shall set out concisely the material facts about the public trust, and
shall contain inter alia the following particulars, that is to say,ÂÂ
(a) the name, occupation and address of the applicant and opponent
or respondent, as the case may be.
(b) the name and description and number of the trust and its office
address,
28(c) the name and addresses of the trustees and managers,
(d) the object of the trusts,
(e) the nature of applicant's interest in the trust,
(f) the cause of action and the nature of relief sought for in the
application,
(g) the list of documents relied on.
(2) The application shall, as far as possible, be accompanied by a
copy of all the relevant documents and a certified copy of entries in Schedules I
in so far as they relate to the public trust.
(3) The application shall be verified in the manner provided in subÂ
rule (4) of rule 6.
(4) There shall be maintained in the office of the Charity Commissioner a
register of applications made to the Charity Commissioner under sections 41D,
41E and 47 in the form of Schedule XÂAB hereto"
Querist :
Anonymous
(Querist) 11 October 2011
THANKS MR.RAJ AND PRABHKARJI FOR OPINION.
