Public Trusts under BPT Act 1950

Querist : Anonymous (Querist) 10 October 2010 This query is : Resolved
We are a "F" category Public Trust originally under the Societies Regn Act 1860 and now under the Bombay Public Trust Act 1950.
We have our own set of Rules duly approved by the CC, Maharashtra.
The term of the present Trustees expired on 30 Sept 2010 but they refuse to call for elections stating that the "defective" accounts must be passed by members before they will demit office.
There are too many inconsistancies in the accounts and more than 40 questions have been akse of the TRustees- they refuse to answer saying Auditors have passed it so not interested in members queries.
Please help us as we want to save our 110 year old trust.

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Raj Kumar Makkad (Expert) 10 October 2010
Trustees have got no absolute power under Trust Act. You all members can demand a general meeting of Trust and can demand delections as per Trust-deed and on their failure to call such meeting, you may bring this fact to the knowledge of registrar and then can call a meeting yourself and can take decision as you deem fit accoridng to bye-laws of your trust and ensure the presence of the representative registrar on this occasion to legalise your meeting, if you can and send the copy of decision to trustees and the registrar.

s.subramanian (Expert) 11 October 2010
Approach the court for a direction to hold the elections.

s.subramanian (Expert) 11 October 2010
By filing a suit you can also ask for the appointment of an independant auditor to verify those accounts and submit his report to the court for further action on them.

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