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January 25, 2022

How to apply for a change report under Schedule III with Charity Commissioner Maharashtra

by CA Shivam Jaiswal in Corporate Law

How to apply for a change report under Schedule III with Charity Commissioner Maharashtra

Introduction

Any trust registered under the Indian Trust Act 1882 has certain obligations and compliances to fulfil. We will understand about the obligations, documentations etc. in case of any amendments or changes in the Trust. The Trustees are obliged to intimate any change that occurs in any entries recorded in the register kept under section 17, within a period of 90 days from the date of the occurrence of such change, or where any change is desired in such entries in the interest of the administration of such public trust, report such change or proposed change to the Deputy or Assistant Charity Commissioner in charge of the Public Trusts Registration Office where the register is kept.

If there is delay in reporting or intimating such changes with the prescribed time you are required to submit a Delay affidavit along with a delay application mentioning the reason for such delay. The Deputy or Assistant Charity Commissioner may extend the period of ninety days for reporting the change on being satisfied that there was a sufficient cause for not reporting the change within the stipulated period subject to payment of costs by the reporting trustee, which shall be credited to the Public Trust Administration Fund.  These changes are to be intimated in the prescribed format (Schedule III) along with the other required documents.

Grounds for Change report:

  1. Appointment of new Trustee
  2. Retirement of Trustee
  3. Death of a Trustee
  4. Name or Address change of Trustees
  5. Change of address of Trust
  6. Change in mode of succession to the office of the trusteeship and managership, or any other reason as prescribed by law.

Process for reporting such changes:

  1. In case of any of the changes mentioned above the manging trustee shall serve a notice for a meeting proposing the change report to be intimated to the charity commissioner office.
  2. Minutes of such meeting are to be recorded and copy of such notice and its minutes are to be submitted to the office of charity commissioner.
  3. Resolution by the board along with all its Trustee is to be passed confirming and approving such change and the copy of such resolution is also to be submitted along with Schedule III and all the other documents as mentioned in the list below.

List of documents required for Change Report

  1. Schedule 3 (Format given below)- Registered Notary/ before me notary
  2. Notice and Minutes
  3. Notice received acknowledgment
  4. Resolution
  5. Consent Letter
  6. Evidence Affidavit/ Covering Letter
  7. Delay Affidavit (incase of time lapse)- 90 days
  8. Delay Application
  9. Reporting trustee affidavit
  10. By laws of Trust- Certified by advocate
  11. Death certificate/ appointment letter or any other relevant document to intimate the change

Format of Schedule III- Change Report

SCHEDULE III

(Vide rule 13(l))

Report of changes that have occurred or are desired in the particulars record in the register of public Trusts

Registered No. and name of public trust –

P.T.R NO:

Name of changeReasons for the changeRemark ,if any
Add/ Delete etc (mention name of Trustee)Death/ retirement/ appointment any other reasonAttachment: Death certificate/ appointment letter or any other relevant document
   
   

Date____________________                                                 ____________________________________

                                                                                               Signature and address of the Reporting Trustee

I ________________________________________ inhabitant, residing at _____________________

____________________________ do solemnly affirm and say that what is stated in this change report is true to the best of my information and belief.

Solemnly affirmed at ______________________________________}

aforesaid this _________________ day of _____________________} ________________________

                                                                                                                                       Reporting trustee 

BEFORE ME

Note: Schedule III is required to be notarized

Format for AFFIDAVIT

BEFORE THE L.D. ASST. CHARITY COMMISSIONER GREATER MUMBAI

REGION, MUMBAI

__________________________________

In the matter of P.T.R.No. ____________

                                                                                               Registered under M.P.T. Act, 1950                   

                                                                                                          &

                                                                                                           Change report U/s 22 of M.P.T. Act, 1950

_________________________________________

AFFIDAVIT

MAY IT PLEASE YOUR HONOUR

I, ____________________________ am Indian inhabitant, adult, residing at ____________________________________________________, Reporting Trustee of the above-mentioned Trust state that our Trust is Registered Under M.P.T. Act, 1950.

I say that name of the one Trustee to be deleted (mention reason) in the board of trustee in form of change report and communicated to The Charity Commissioner.

  1. I say that changes occurred as per clause __ of the Trust Deed of _______________________ (mention trust name) and Resolution was passed unanimously on _______________ (mention date of resolution)

I have filed the said Change Report U/s 22 of M.P.T. Act, 1950. I say that I am enclosing all the concerned documents viz. Notice dated _____, Notice received Acknowledgment, Consent Letter, No Objection Certificate required for the matter.

I hereby request your honor to accept the Change Report U/s. 22 of M.P.T. Act 1950. I say that the change occurred is true & correct and is reported vide change report no. ACC   /    /

Date:

 Place:                                                                                                                                      

 Place:                                   

I AFFIRNM, 

                                                                                                                          (Name of Managing Trustee)                                                                                                      (MANAGING TRUSTEE)

Enclose all the above-mentioned list of documents and note the affidavits are to be notarized

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