Cahritable trust

Querist : Anonymous (Querist) 24 November 2011 This query is : Resolved
Dear Sir,

If we have a public charitable trust and
running an educational institution or hospital and it is profitable.
My questions are:

1) Who has the authority to change the bye laws of the trust? can they be changed from time to time? is it the chairman or trustess?

2) Can the income be used for some personal purposes?

3) If it is foreseen that the reason for which the trust is set up i.e. educational institution is not operating properly due
to unforeseen circumstances, can the properties be sold and are the proceeds
kept by the chairman/trustees?

4) Can you change the public charitable trust to a private charitable trust?

Would greatly appreciate your response.
Thanks and Best Regards.

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Devajyoti Barman (Expert) 24 November 2011
1. As per the guidelines of the trust deed.
2. Definitely not.
3. For what purpose? No transfer is possible without the permission of the court.
4.Definitely not.

Rajeev Kumar (Expert) 24 November 2011
Mr. Barman is right

Raj Kumar Makkad (Expert) 25 November 2011
1. Chairman himself can never change the clauses rather this right vests in its trustees.

2. No. Not inn any circumstances as this is an offence.

3. No. In that situation, the properties shall be handed over to some other trust having similar bye-laws till the period these trustees are unable to run the affairs.

4. You means? Trustees can pass a resolution to this effect and can obtain the permission of Registrar. If granted then change can take place otherwise no chance.

prabhakar singh (Expert) 26 November 2011
I agree nothing more to add.

Sailesh Kumar Shah (Expert) 26 November 2011
Yes,nothing more to add.

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