Query realted to trust
SRINIVAS THATIKONDA
(Querist) 08 August 2012
This query is : Resolved
Dear All
In the Trust deed of Public Charitable Trust, there was no reference to passing of circular resolutions by the Board of Trustees. In view of this, can the Trustees pass the resolutions by Circulation? Is there any bar in law for the trusts?
Regards
Srinivas
J K Agrawal
(Expert) 09 August 2012
dear sir
The trustees can handle the trust and trust property, any way they deem fit and not in consistent with the provisions of first Trust Deed.
So no problem at all.
SRINIVAS THATIKONDA
(Querist) 09 August 2012
Dear Agarwal
Thanks for the reply. For example, companies registered under the provisions of the Companies Act, 1956, they have to comply with Companies act. Similar way is there any law which is bidning on Trust. This trust is registered in Karnataka.
Rgs
Srinivas
J K Agrawal
(Expert) 09 August 2012
The Indian Trust Act 1882
Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997. (but the same is struck down by the Supreme Court so there may be a new one.)
THE KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS (AMENDMENT) ACT, 2011
Previous position of Karnataka was not easy to understand even for a layer in Karnataka. Just look at a portion of HC Judgment : Sri Sahasra Lingeshwara Temple, ... vs State Of Karnataka, Rep. By Its ... on 8 September, 2006 :-
"15. The State of Karnataka was a unification of several parts which otherwise formed part of other states. The old Mysore area consisted of several districts which were under the control of the than Maharaja of Mysore and later under the control of the then Mysore State. Several Kannada speaking districts which were part of Bombay State got merged with the new State of Karnataka so also the Districts from the then Madras State and districts from Hyderabad State got merged to the State of Karnataka.
16. Earlier the Karnataka Religious and Charitable Institution Act, 1927 was applicable to what is known as the old Mysore area. The Madras Hindu Religious and charitable Endowment Act, 1951 despite South Canara and Coorg becoming part of the Karnataka State was still governed by the Madras Act.
17. The Bombay Public Trust Act, 1950 was applicable to the Bombay Karnataka namely Bijapur, Dharwar, Belgaum and North canara.
18. Hyderabad Endowment Regulations Act was applicable to some Districts such as Raichur, Gulbarga etc.,
19. The Coorg Temple Funds Management Act, 1956 is applicable to the Coorg area."
