Change of trustees in a public charitable trust

See if trust registered under Indian trust Act 1882 then  you have to appoint trustee and make deed of  appointment of trutees and get registered from the Registered office. or if it is registered under other act then it deal with the Charity Commissioner office.

Adv. P.C. Sharma 

9967638408

Again a question to be addressed.For the State of West Bengal there is no authority like Charity Commissioner  as it exists in the state like Maharastra.The Indian Trust Act is meant for Private Trusts only. Understndably, the form and provisions of the Private Trust as envisaged in the Indian Trust Act can be followed, though not mandatory, in case of formation of a public Charitable Trust.In this perspective, is it mandatory to follow the provisions of the Indian Trust Act and would it be valid to do so. Given the facts, how the issue of the induction of new Trustees in place of outgoing trustees has to be recorded in the Trust deed?

Internal:

1. Obtain signed letter of resignation

2. Obtain affidavit from resigning trustee (insisted by CC since last few years)

3. Table the resignation at duly convened meeting of the trustees

4. Keep signatures of those attending the meeting

5) Pass resolution accepting the resignation and record in the minutes of the meeting.

External

1. File change Report in the prescribed Form with the CC within 90 days of the  change.

2. The change report should be signed preferably by the chairperson or managing trustee (if any)

3. The change report should be duly notarized

4) Attachments to the Change Report should include:

i) letter of resignation

ii) affidavit of resigning trustee

iii) True copy of resolution accepting the resignation

iii) list of trustees in attendance at that meeting with their signatures

iv) Agenda and Minutes of that meeting (both should have reference to the matter concerning the resignation.

Sir, May i know under which statue these provisions are mentioned??