Bombay Public Trust Act
Legal Eagle
(Querist) 02 April 2009
This query is : Resolved
Hi everyone. I am having five to six trust in Bombay duly registered before the Charity Commissioner's office. The object clause of all the Trust deed is the same. Now because of the increase in work, I want to amalgamate all the Trust on the ground that all the Trust deed have a clause that the Trust can donate its corpus or part of it or amalgamate with any other trust having similar objects. Please note that the recital of the deed says that it is an irrevocable trust. I am desperate in amalgamating, as it will be easier for me to handle.
My query, Can I amalgamate, if so then under which section of the Bombay Public Trust Act? Do I have to take prior written permission of the Charity Commissioner or have to inform him about the amalgamation. With this irrevocable clause in it can I still amalgamate, taking permission. Please also let me know the procedure step wise if I can amalgamate?
Awaiting for an early reply,thank you.
Hiralal Das
(Expert) 03 April 2009
Yes. But require to know the matter in more detail.
ESTHERPRIYA
(Expert) 07 April 2009
Under Section 34 of the Indian Trust Act, you can file a petition before the Court and raise a query about your intention to amalgamate the trusts with common object. After getting a direction from the Court, you can proceed further. As I am not aware of the Bombay Public Trust Act provisions, I could not comment on it. If you have a copy of it send to my mail id-padmapriyalaw@gmail.com
