Tata Trusts Challenges Charity Commissioner's Order on Board Meeting
Tata Trusts call Charity Commissioner’s order ex-parte, says law can’t apply retrospectively
The Indian Express
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Tata Trusts has contested the Charity Commissioner's order to defer a board meeting and conduct an inquiry, claiming it was issued without proper notice or hearing. The Trusts argue that recent amendments to the Maharashtra Public Trusts Act are prospective and do not affect prior trustee appointments, highlighting a complaint regarding trustee composition.
- 01Tata Trusts claims the Charity Commissioner's order was issued ex-parte, lacking notice to the Sir Ratan Tata Trust.
- 02The Maharashtra Public Trusts (Second) Amendment Act of 2025 is argued to be prospective and not retroactive.
- 03The complaint by Katyayani Agrawal alleges that the composition of the Board of Trustees violates the new Act.
- 04The Trusts were unaware of any complaints until the Charity Commissioner's directive was received.
- 05Venu Srinivasan, a trustee, previously acknowledged notices for board meetings scheduled for May 8 and rescheduled for May 16, 2026.
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Tata Trusts has formally responded to the Charity Commissioner's recent directive, which ordered the deferral of a board meeting and mandated an inquiry into the Sir Ratan Tata Trust. The Trusts assert that the order was issued ex-parte, meaning it was done without notifying them or providing an opportunity for a hearing. They contend that the amendments made to the Maharashtra Public Trusts (Second) Amendment Act of 2025 are prospective and should not impact the appointments of perpetual trustees made before the law's effective date of September 1, 2025. This argument is supported by legal opinions obtained by the Trusts. The complaint at the center of the inquiry, filed by Katyayani Agrawal, questions the composition of the Board of Trustees, claiming that three out of six trustees are permanent and thus violate the stipulations of the new Act, which limits the number of perpetual trustees to one-fourth of the total. Tata Trusts expressed that they were unaware of any complaints until the Charity Commissioner issued the directive, and they are currently reviewing the received directions.
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The outcome of this inquiry could influence the governance structure of the Sir Ratan Tata Trust and potentially affect its operations.
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