can joint commissioner of charity can pass suo motu order of scheme in

842 votes

It is not under Sec 18, but under Sec 19 of Bombay Public Trusts Act that a suo motu inquiry can be ordered by the Joint-Charity Commissioner & as such, it is neither necessary nor desirable to record a finding in the first instance on the preliminary issue whether a trust exists and whether such trust is a public trust, with a view, as suggested by the Assistant Charity Commissioner, to calling upon the trustee thereafter to make a regular application under Section 18. The proper procedure in such a case is to collect through the Inspector particulars required to try all the issues. The Deputy Charity Commissioner or Assistant Charity Commissioner can also, under powers vested in him under section 73 of the Bombay Public Trusts Act,1950, summon and enforce the attendance of any person, including the trustee, and examine him on oath. If the trustee refuse to respond to the summons and/or refuses to furnish particulars when the Deputy/Assistant Charity Commissioner examines him on oath, he will be exposing himself to the penalty provided under the law for such refusal. In case the Deputy/assistant Charity Commissioner holds that a trust exists and such trust is a public trust, the trustee concerned will also be liable to prosecution under section 66 read with section 18 of the Bombay Public Trusts Act,1950.

Advocate Pankaj Bajaj LawRato

575 votes

This is my response to you: 1. Yes he can under section 70A; 2. You will need to state more facts of your case; 3. You will also need to sit and discuss with your lawyer; 4. Consult a local lawyer and take steps.

Advocate Gowaal Padavi LawRato