13 face action for swapping trust property sans nod

MUMBAI: The fate of all 13 trustees of the Kalyan-based Shree Gurusing Sabha hangs in the balance after charity commissioner S G Dige granted permission to initiate criminal proceedings against them for illegally exchanging the trust's property in blatant violation of Maharashtra Public Trusts Act.
In a seven-page order, Dige accepted the recommendation of assistant charity commissioner (ACC), Thane, to prosecute all trustees of Gurusing Sabha under section 36(1) and 37 of the above Act, punishable under sections 66-A and 67. Under section 36, the sale, exchange or gift of any immovable property is prohibited, while section 66-A provides for punishment for violating rules.

As per section 66-A, whoever alienates or attempts to alienate immovable property of the trust without the charity commissioner's prior sanction, shall on conviction, be punished with simple imprisonment, up to 6 months or with fine up to Rs 25,000 or both.

The ACC for Thane had conducted a suo motu inquiry against the trustees. It was found that they had exchanged the trust's property, a flat in a local housing society, without prior permission. The ACC, after giving an the trustees opportunity to submit their contention concluded that the trustees had deliberately executed an exchange deed without prior permission of the competent authority, it can not be said to be an inadvertent act and hence they have committed a punishable offence.

Based on the ACC's report and submissions by the trustees, Dige observed that the trustees failed to prove that exchange of property was not deliberate. "The question remains whether it is done in the interest of the trust. It appears from the record that extra amounts are paid by cheque to some persons without permission of committee members or general body...'' Dige observed in his order.