Sunday 18 March 2018

Charity Commissioner orders religious trusts to help poor farmers with funds to help their daughters get married.


Maharashtra State Charity Commissioner ShivKumar Dighe vide circular No. 533 dated 6th March 2018 urges trustees of religious trusts with surplus or unspent funds to help poor farmers of the state with funds to help their daughters get married. 
In this Marathi circular, the commissioner invokes Section 69 of the Maharashtra Public Trusts (MPT) Act 1950 under which he has general superintendence over the administration and carrying out the purposes of the MPT Act. 
The charity commissioner also has powers under the Act to issue directions for proper utilisation of funds.














Very recently about 35,000 farmers had walked one hundred and eighty kilometres from Nashik to Mumbai with demands for economic justice and create awareness about their plight. Among other issues, reportedly many farmers have committed suicide as they have no money to get their daughters married. There are also instances of daughters committing suicide to save their parents from getting into a debt-trap,
The state charity commissioner’s initiative while good in intent could also be inferred as the state’s interference with the autonomy of these trusts. The charity commissioner has every right under law to regulate charitable and religious trusts. However, he cannot override the discretionary powers vested in the trustees and should refrain from getting into ‘control mode’.

Underutilised funds should indeed be used for public good. But, what is 'public good' should be left to the discretion of the trustees and the directions provided under the trust deed of every trust.

Mid-Day, a popular tabloid, quotes Dighe: "Thousands of such religious trusts under our umbrella would be asked to donate a portion of their unused funds for public welfare. The money the public donates for God that lies unused in the trusts' bank accounts, can be used for the marriages of farmers' daughters. All the trustees have to follow the instructions."

Mr. Dighe is a man of action and many admire him for his bold, new and much required initiatives.

Deregistering defunct trusts
With more than 800,000 religious and charitable trusts and societies registered in just the state of Maharashtra, Mr. Gighe has undertaken the task of de-registering all trusts and societies which have failed to file their audited annual financial accounts. 

Reportedly by now ten per cent or close to about 80,000 such organisations have been de-registered. 
Read more about this in our earlier Blog Post of 29th December 2017  

Addressing disputes
Mr. Dighe has also embarked on a mission to end disputes in trusts registered under the Maharashtra Public Trust Act in a time-bound manner. As part of the action plan he has directed all joint, deputy and assistant charity commissioners across the state to prepare a list of trusts with disputes. 

Mr. Dighe is reported to have said: "I have asked them to call a meeting of trustees of all such trusts, hear their grievances and draft an action plan to resolve the disputes. If there is a need, I will not hesitate to step in to resolve the disputes. Our aim is to end litigation among trustees."

Cracking the whip on hospitals
Mr. Dighe is also best known for streamlining medical treatment for the poor in leading charitable hospitals. When he found blatant violation of the rules at Nanavati Hospital in Mumbai he imposed a penalty of INR 500,000 on the trustees of the hospital trust for failure in discharging what was their duty and a compliance under state law. 

He later took on many other charitable hospitals in order to ensure that as per the scheme drafted by the Bombay High Court, ten per cent beds are reserved for poor patients. Although here again we have instances of the good intent of law being misused by state politicians who arm-twist the hospital administration to admit their otherwise well-off relatives, party or constituency workers.  

While concluding, we cannot but help reproducing this very apt quote:



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