This subject explores the legal framework governing charitable trusts and religious institutions in India. It examines the principles of trust law, the creation and administration of charitable and religious trusts, and the statutory regulations that oversee their functioning. The course covers both general legal principles and specific state laws, with a focus on compliance, governance, and dispute resolution mechanisms.
Definition and classification of trusts: Public vs. private trusts
Historical development of charitable and religious institutions in India
Creation and registration of charitable and religious trusts
Role and responsibilities of trustees
Legal obligations and liabilities under the Indian Trusts Act, 1882
Management and governance under various state enactments (e.g., Hindu Religious and Charitable Endowments Acts)
Judicial control and remedies in case of mismanagement
Taxation and financial regulation of charitable and religious entities
Landmark judgments and case studies
Interface with constitutional provisions (e.g., Article 25, 26, 27, 28)
This course is particularly useful for students of law, professionals involved in trust management, social workers, and those interested in the legal aspects of religious and charitable institutions.
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Concept of Trusts: Public vs. Private
Definition of Charity and Charitable Purpose
Historical Background of Charitable and Religious Institutions in India
Constitutional Provisions: Articles 25 to 30
The Indian Trusts Act, 1882 – Key Provisions
Creation and Validity of Charitable Trusts
Essentials of a Valid Trust
Registration Procedures and Legal Formalities
Role of Trustees and Their Duties, Rights, and Liabilities
Concept of Endowments: Religious and Charitable
Hindu Religious and Charitable Endowments Acts (State-specific laws)
Administration of Religious Institutions: Temples, Mutts, Mosques, Churches, etc.
Role of Devasthanams, Wakf Boards, and Other Statutory Bodies
Management and Supervision of Trust Property
Role of Charity Commissioners
State Control vs. Autonomy of Religious Institutions
Judicial Interventions and Remedies in Mismanagement
Removal and Replacement of Trustees
Income Tax Act and Charitable Institutions (Sections 11, 12, 80G)
Exemptions and Compliance Requirements
Audit, Accounts, and Financial Regulations
Foreign Contributions Regulation Act (FCRA) and Charitable Trusts
Leading Supreme Court and High Court Judgments
Case Law on Religious Autonomy vs. State Regulation
Misuse and Mismanagement of Charitable Funds – Judicial Oversight
Public Interest Litigations and Accountability
Modern Challenges in Governance of Trusts and Religious Institutions
Digitization and Transparency in Trust Operations
Reforms in Legal Framework – Recent Proposals and Amendments
Role of NGOs and Civil Society
| S Rajaratnam Law & Procedure on Charitable Trusts and Religious Institutions |
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