MUMBAI: The fate of all 13 trustees of the Kalyan-based Shree Gurusing Sabha hangs within the balance after charity commissioner S G Dige granted permission to start up criminal proceedings against them for illegally exchanging the agree with's belongings in blatant violation of Maharashtra Public Trusts Act.
In a seven-page order, Dige authorised the advice of assistant charity commissioner (ACC), Thane, to prosecute all trustees of Gurusing Sabha under phase 36(1) and 37 of the above Act, punishable under sections 66-A and 67. Under phase 36, the sale, trade or reward of any immovable belongings is illegal, while phase 66-A provides for punishment for violating laws.
As per phase 66-A, whoever alienates or attempts to alienate immovable belongings of the agree with without the charity commissioner's prior sanction, shall on conviction, be punished with easy imprisonment, up to 6 months or with fantastic up to Rs 25,000 or each.
The ACC for Thane had performed a suo motu inquiry against the trustees. It used to be discovered that they had exchanged the agree with's belongings, a flat in a neighborhood housing society, without prior permission. The ACC, after giving an the trustees opportunity to publish their contention concluded that the trustees had intentionally completed an trade deed without prior permission of the competent authority, it cannot be stated to be an inadvertent act and hence they have got dedicated a punishable offence.
Based at the ACC's record and submissions through the trustees, Dige observed that the trustees did not prove that trade of belongings used to be not deliberate. "The question stays whether it is finished within the interest of the agree with. It appears from the report that extra amounts are paid through cheque to a few individuals without permission of committee members or general frame...'' Dige observed in his order.
In a seven-page order, Dige authorised the advice of assistant charity commissioner (ACC), Thane, to prosecute all trustees of Gurusing Sabha under phase 36(1) and 37 of the above Act, punishable under sections 66-A and 67. Under phase 36, the sale, trade or reward of any immovable belongings is illegal, while phase 66-A provides for punishment for violating laws.
As per phase 66-A, whoever alienates or attempts to alienate immovable belongings of the agree with without the charity commissioner's prior sanction, shall on conviction, be punished with easy imprisonment, up to 6 months or with fantastic up to Rs 25,000 or each.
The ACC for Thane had performed a suo motu inquiry against the trustees. It used to be discovered that they had exchanged the agree with's belongings, a flat in a neighborhood housing society, without prior permission. The ACC, after giving an the trustees opportunity to publish their contention concluded that the trustees had intentionally completed an trade deed without prior permission of the competent authority, it cannot be stated to be an inadvertent act and hence they have got dedicated a punishable offence.
Based at the ACC's record and submissions through the trustees, Dige observed that the trustees did not prove that trade of belongings used to be not deliberate. "The question stays whether it is finished within the interest of the agree with. It appears from the report that extra amounts are paid through cheque to a few individuals without permission of committee members or general frame...'' Dige observed in his order.
13 face action for swapping trust property sans nod
Reviewed by Kailash
on
March 07, 2018
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