Applicability of indian trusts act, 1882 to the public charitable trusts
Querist :
Anonymous
(Querist) 11 January 2012
This query is : Resolved
Dear Learned professionals,
Can anyone guide me regarding the applicability of Indian Trusts Act, 1882 to the public charitable trusts and what are the Sections applicable to the public trusts of the said Act.
I need your precious guidance in this regard.
Kindly take it urgent and suggest as soon as possible.
With Warm Regards
Raju Balodi
9871552114
1
Raj Kumar Makkad
(Expert) 12 January 2012
In India non profit / public charitable organisations can be registered as trusts, societies under the provisions of Indian Trust Act, 1882. Section 2(15) of the Income Tax Act defines ‘charitable purpose’ to include ‘relief of the poor, education, medical relief and the advancement of any other object of general public utility’. A purpose that relates exclusively to religious teaching or worship is not considered as charitable. Thus, in ascertaining whether a purpose is public or private, one has to see if the class to be benefited, or from which the beneficiaries are to be selected, constitute a substantial body of the public. A public charitable purpose has to benefit a sufficiently large section of the public as distinguished from specified individuals. Organisations which lack the public element – such as trusts for the benefit of workmen or employees of a company, however numerous – have not been held to be charitable. As long as the beneficiaries of the organisation comprise an uncertain and fluctuating body of the public answering a particular description, the fact that the beneficiaries may belong to a certain religious faith, or a sect of persons of a certain religious persuasion, would not affect the organisation’s ‘public’ character.
Deepak Nair
(Expert) 12 January 2012
Well and sufficiently advised by Mr.Rajkumar
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 January 2012
URGENT- RAJU BALODI.
Indian trust act is a basic central act which governs all trusts.
Charitable trusts are part of public trusts and mostly governed by state laws.A commissioner level officer with different namenclature for different state control the registration and regulation of such trusts in every state.
Forming a public charitable trust and getting it registered and getting IT exemption is a full time expert job.
Shonee Kapoor
(Expert) 13 January 2012
sufficiently guided.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
