Powers and duties of charity commissioner relating to alienation of trust property
To achieve the above object the Trust Act contains
elaborate mechanism to supervise actions of the trustees. Merely because the trustees assert that the action that they propose to take is in the interest of the trust, their word is not treated as final. The Charity Commissioner is empowered, albeit, duty bound to scrutinise and approve the proposal submitted by the trustees. The Charity Commissioner is expected to ascertain whether the alienation of the property is required in the interest of the trust in the first place and how best the interest can be achieved. He also needs to ensure that trustees are not trying to jettison the interest of the trust in furtherance of their private agenda. He has to find out whether the proposed action is in the interest of the public trust and not in the private interest of the trustees. Often these two are in conflict. The Charity Commissioner therefore, cannot go by mere words of the trustees, and has to ascertain their bonafides.
One of the indicators of the bonafides is the manner in which trustees arrive at a decision to alienate the property. It reflects whether due care was taken to subserve the interest of the Trust and the trustees are not acting in their private interest. If the trustees give widest p
https://www.lawweb.in/2012/12/powers-and-duties-of-charity.html
