Nobody can render a concrete opinion on this unless all the trust deeds and MOAs are perused threadbare. To go beyond the scope of MOA and Trust deeds in question is impermissible. Consult a lawyer with a copy of the documents if you want clarity.
Territorial coverage of a registered society in Tamil Nadu
Theosophical Education Trust was running Besant Theosophical College and Giri Rao Theosophical School at Madanapalle, Andhra Pradesh. On [deleted] Theosophical Education Trust was amalgamated with the Besant Centenary Trust, which was established in the year 1946 and registered in Chennai, Tamilnadu through Theosophical Education Trust passing resolutions on [deleted] and [deleted]. The question is whether this amalgamation is valid. Further, whether the BCT registered in Tamilnadu has territorial coverage or jurisdiction over Andhra Pradesh. The Memorandum of Association of the Besant Centenary Trust does not spell out running of Educational Institutions in Andhra Pradesh. Further, BCT does not have constituents or members from 8 different States of India to claim All India Character. BCT is mismanaging the Institutions. Different views are expressed. Please let the Experts tell the correct position whether the BCT has territorial coverage or jurisdiction over Andhra Pradesh or not.
Asked 7 years ago in Civil Law
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
4 Answers
Dear Mr. Davessar Thank you for your response. Since the Society in question has overstepped the MOA I have hope of removing them. But, one important question is whether the Society registered in Chennai has territorial coverage or jurisdiction over Andhra Pradesh. No one is clear about it. This Society has never taken any permission from the State of AP for running the Educational Institutions. Please answer.
Asked 7 years ago
Without a clause in the MOA or AOA which provides for extension of territorial jurisdiction of the society its jurisdiction cannot extend beyond the jurisdiction of the competent registrar before whom it was registered.
Th trust deed or the memorandum of association of the trust has to be verified for the conditions permitting the trust to have a branch in AP.
If there is a clause permitting to operate through branches elsewhere including neighboring states, then the jurisdiction cannot be questioned now at this stage.
A Trust can either be a private trust or a public charitable trust. Private trusts are governed by the Indian Trusts Act (1882) and are used for private purposes, such as running a private estate or institution.
a public charitable trust. India does not have a national level law to govern charitable trusts. However, a few of the states have enacted Public Charitable Trusts Act.
All the trusts are allowed to work on all India level.
Since the Society in question has overstepped the MOA I have hope of removing them. But, one important question is whether the Society registered in Chennai has territorial coverage or jurisdiction over Andhra Pradesh. No one is clear about it. This Society has never taken any permission from the State of AP for running the Educational Institutions.
Firstly you should ascertain that whether it is trust or society.
The trust has different rules to that of the society
There no difference between a trust and a foundation.
All the trusts are allowed to work on all India level
Trusts are irrevocable –unless it is mentioned in the trust deed. This means that the trust cannot be wound up
Societies are membership organizations that may be registered for charitable purposes. Societies are usually managed by a governing council or a managing committee. Societies are governed by the Societies Registration Act 1860, which has been adapted by various states. Unlike trusts, societies may be dissolved.
Typically, public charitable trusts can be established for a number of purposes, including the relief of poverty, education, medical relief, provision of facilities for recreation, and any other object of general public utility. Indian public trusts are generally irrevocable. No national law governs public charitable trusts in India, although many states (particularly Maharashtra, Gujarat, Rajasthan, and Madhya Pradesh) have Public Trusts Acts.