Religious public trust
anish
(Querist) 20 August 2012
This query is : Resolved
Sir
I am Modh Bania by cast. Our Cast Goddess(Kuldevi)temple is at Modhera, dist. Mehsana, Gujarat.Name of trust is Modheshwari Devsthan Sanstha which is a religious public charitable trust governed by trust laws.One of our trustee wants to install statue of his father in the temple premises under the the pretex that he had worked hard for development of temple premises.All trustees work on honorary basis and not for personal gain but out of faith in Goddess. I am against such practice of installing statues in premise for personal gain because people come to temple to worship Goddess and not to see statues. This is simply with intention of personal family gain of recognisation.
If our trust is public charitable religious trust can anybody install relatives' statue even if they have convinced other trustes?
Is it legal in public trust?
Can intervention of charity commissioner or other judicial authority be sought to stop this practice of personal fame.
Kishor Mehta
(Expert) 21 August 2012
Sir,
There should be a trust deed, and the trust is governed by it, as also by the public charitable trust act. You may refer the terms of the trust deed, whether the installation of a statue is permitted.
If, however, you can not refer the trust deed, you may approach the charity commissioner of Gujarat State and forward a complaint to him.
Regards,
Kishor Mehta
M V Gupta
(Expert) 22 August 2012
Yes. Lodge a complaint with the Charity Commissioner for preventing the proposed installation of statue of a former Trustee. However such statues are found in some of the temple precincts where the person had single handed labored to set up the temple. It is more an act of gratitude by the devotees. I do not think it militates against any tradition. For example in all ISKON temples you find the statue of Sri Sri Sri Bhakti vedanta who was the founder of the ISKON mandirs at various places.
anish
(Querist) 22 August 2012
Thanks experts.
we always had a trust board of eleven trustees,so no one can claim that a trustee had single handedly done development.Can we complain to the charity commissioner if this is the case?
M V Gupta
(Expert) 23 August 2012
It all depends on the facts and history of the temple. Even if the Board of Trustees exists, one of them acts as the sole motivator and driving force in establishing the temple and managing it, while the other Trustees may be only attending the meetings and extending a helping hand in the activities of the Trust.
Kishor Mehta
(Expert) 23 August 2012
Sir,
You can file a complaint with the Charity Commissioner of Gujarat to prevent the installation of the statue of the trustee. The Public Charitable Trust Act does not permit installations of statues of the trustees in the premises of the Trust.
Regards,
Kishor Mehta
M V Gupta
(Expert) 25 August 2012
Mr. Mehta kindly provide the full details of the Act and the section referred to by you for my information.
prabhakar singh
(Expert) 25 August 2012
ONLY TRUST DEED SHALL GOVERN THE MATTER.
Kishor Mehta
(Expert) 26 August 2012
Sir/s,
With due respect to Mr. Gupta, I hasten to clarify that, as I had already stated in my previous dialogue, I meant that The Public Charitable Trust Act does not permit installations of statues of the trustees in the premises of the Trust, IN CONTAVENTION OF THE ARTICLES OF THE TRUST DEED.
It is my experience that NO TRUST DEED,especially Religious Trusts, EVER states or permits the installation of Statues, as this matter never arises at the initial stages of the formation of any trust. Hence my statement.
However, if my statement is misinterpreted I stand corrected.
Regards,
Kishor Mehta
M V Gupta
(Expert) 28 August 2012
Thank u Mr. Mehata for ur clarification. I think u agree that the Public Trust Act, which is a Central Act (not Public Charitable Trust Act, as mentioned in ur postings) or the state enactments governing the charitable trusts do not contain any prohibition on the installation of statue of a trustee or any other person. It is true that when a trust deed is executed it does not touch on the issue relating to installation of statue of any trustee. But if the trust deed does not contain any explicit prohibition what is the objection for the trustees deciding on the issue by a majority vote, if there is difference of opinion? I have cited the existence of the statue of Sri Sri Sri Bhkti Vedanta Prabhupada in almost all the ISCON Temples. You may be aware that the he was founder Trustee of the ISCON temples.
Kishor Mehta
(Expert) 28 August 2012
Thank you Mr. Gupta,
I feel that the law works both ways, when there is neither explicit prohibition nor explicit permission, and as I understand in such cases the trustees are not the only deciding factor, when a majority of the members and followers have any objection to the installation of statues of Individual trustees, the trustees are morally and legally bound to take note and concede to their wishes. I write this from my personal experience.
However, I hasten to state that this is my opinion, if you care to differ, I am sorry.
I do not wish to challenge anybody, nor hurt anybody's feelings.
Regards,
Kishor Mehta
