LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jayanta Bandyopadhyay   06 October 2023

Member's right to access trust deed

Based on union -mgt bipartite wages settlement, one pension fund will be set up where contrribution amt will be deducted from employee salary [ no matching contribution from employer ] and be deposited with Lic. Can an unionized employee being a beneficiary demand a copy of Trust Deed, duly recognized by Income Tax Dept.  It also gives tax benefit u/s 80c. Employer is denying to share a copy. Please guide under which law employee can demand a copy. After all it us his contribution 



Learning

 1 Replies

Pankhuri Rastogi   28 October 2024

Hello Jayanta,

I understand your concern and I would like to give you a piece of advice that might help you out.

You have several rights under certain acts which are applicable in your situation. Let’s discuss them in detail.

According to law, you are entitled to a trust deed copy upon request. As stated by Section 6 of the Indian Trusts Act of 1972, every beneficiary has the right to examine as well as obtain copies of the trust deed in question. This can be seen in the case of Rameshwar Prasad v. Charity Commissioner, Gujarat (1987) as in this case, The Gujarat High Court held that the beneficiary has the right to get full information about the functioning of the trust fund, including the relevant documents like Trust deed.

You also have some indirect rights under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, as it tends to give rights to the employee for proper information about contributions on their part and the management of the funds. This can be seen in the case of Regional Provident Fund Commissioner v. Shiv Kumar Joshi (2000).

If your employer is recognized as a public entity, then the Right to Information Act, 2005 is also applicable in your situation. Section 22 of the act tends to provide the employees of the public sector, a right for making a request regarding all the necessary information to which they are contributing.

In the end, I would like to tell you that you must not worry as you have several rights and can go with the legal proceedings if the situation is not healed.

Thank you for reaching out to us. Feel free to connect with me on LinkedIn (www.linkedin.com/in/pankhuri-rastogi-9221b2289) if you have any further doubts.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register