BPT act
Querist :
Anonymous
(Querist) 30 November 2010
This query is : Resolved
In one trust as per PTR there are two trustees. as per instrument of trust, charity commissioner may appoint trustee if no. of trustees are less than 3 based on application of any interested party. One interested party applied to become trustee, charity commisioner advices present two trustees to appoint another. However as per scheme of trust if no. of trustees are less than 3, existing trustees can perform only day to day activities. Also, existing trustees have already resigned long back. In such circumstances, how interested person become a trustee of the trust. Pls suggest.
Raj Kumar Makkad
(Expert) 30 November 2010
It is better to go through the Trust-deed carefully and its solution shall definitely be there.
Y V Vishweshwar Rao
(Expert) 30 November 2010
In Every Trust Deed there will be clause/s for appointment , resignation & Removal and appointment of new Trustees / - You have to follow the Terms of the Trust Deed.
Kirti Kar Tripathi
(Expert) 01 December 2010
from your query, it appears that the trust deed has already empowered the commissioner to appoint trustee and since the interested person has moved an application, he is under obligation to consider and take action under the law. normal procedure is to ask objection from beneficiaries and dispose the same in accordance with law and conditions of the deed. in case, he does not act legal, he can seek mandamus from high court for taking action on the application of interested person.
Querist :
Anonymous
(Querist) 01 December 2010
Yes. instead of appointing interested party as a trusty of trust, charity commisioner has ordered two trustees(who have resigned in the past and also done breach of trust as per findings of city civil court in other matter)to appoint other trustees. How such order can be passed by charity commissioner which is against interest of trust? can this order be reversed immediately to prevent loss.
Kirti Kar Tripathi
(Expert) 06 December 2010
the order of the commissioner can be challenged on this ground.
