Sep 1982

r I ( September 1982, Volume 5 No. 3 Re. 1 I BPP: Communicating with the Community “In fulfilment of our intentions to have a trian Congress in January 1978. The mittee constituted by the Punchayet and better rapport with the community,” the felicitation function is to coincide with the note of dissent prepared by BPP trustees of the Bombay Parsi Pun- the noted conductor, Zubin Mehta’s Trustee Jamsheed Kanga and noted chayet, after a gap of six years, held a visit to Bombay in connection with lawyer, Dadi Engineer would be dis- press conference to discuss the problems Cyrus Bharjucha’s film on Zoroaster, cussed. facing the community. noted BPP Chairman, Aspi Golwalla. Thetrusteesagreedtoholdpresscon- 'The Bombay Parsi Punchayat is at present actively en^ged in implement­ ing or adopting a number of activities and programmes,” noted the press Programmes include 8 release distributed at the October 15 meeting at the BPP office on Dadabhoy Naoroji Road. An ambitious housing "'problems facing the scheme, new norms for allotment of flats, streamlining of the Punchayet’s administration and accounting systems, SOiutlOnS," and 8 publlC reinvesting funds for greater returns, and development of Punchayet proper­ ties in the Gujarat townships of Sanjan "eminent living Parsis. and Golvad for housing, are some of the activities under consideration and » implementation. Programmes for the immediate future Parsi Zoroastrian Anjumans of India door policy is changing. include hosting a symposium in and electoral reforms, no decision had Six of the seven trustees were present November on the “Problems facing the been taken. Golwalla said a meeting of at the meeting including Jal Vimadalal Parsi Community and its solutions,” the major anjumans not in the Federa- who refused to attend the trustees meet- noted BPP Chairman, Aspi Golwalla. On the two pressing issues confront- ferences regularly, possibly once every three months and whenever there were issues of public interest. The last confer­ ence to discuss community problems was in May 1976 under the late Lady Hirabai Jehangir’s chairpersonship. Subsequently press conferences were held in regard to the hosting of the Third World Congress and the BPP’s tercente­ nary celebrations. But with the awareness aroused fn the last BPP Anjuman Committee elections and the willingness df the new chairman to open a dialogue with the various insti­ tutions and individuals in the commun­ ing the BPP, rejoining the Federation of ity, the Punchayet’s traditional closed symposium on the Parsi Community and its function to honour include hosting a symposium in and electoral reforms, no decision had Rarsi Community and its solutions. a public function to honour .*^19*^ tion would be held on November 21. 1 8^ a public function to honour‘Wb tion would be held on November 27. ing with the Anjuman Committee ear- f living Parsis,” to be held oh The Delhi Parsi Anjuman, as it was in Her in the year. Dr. Nelie Noble, I Deeember 21 at the Cricket Club of the present Federation, had not been however, remained absent as she had at India lawns. The symposium is proba- invited, noted the chairman. As for elec- the Anjuman Committee-BPP gather- bly the first such public meeting to be toral reform, a trustees meeting had ing. The other trustees present were held in Bombay with the BPP’s partici- been scheduled for November 2, where Jamshed Guzder, Eruch Desai, and pation since the Third World Zoroas- the report of the electoral reform com- Maneck Modi walla. The papers repres- si,.....i i Another way of reducing the pressure Trustees decided in the month of March 1982 to have such a study carried out llm-i-Khshnurn Parsis to settle outside Bombay. The with the help of Dr S.K. Parukh, direc- _________ ___ ___ - tor. Beam Services... such an Organiza- Desai and Vimadalal voiced caution every three months and whenever there were “We have a rather archaic system of will be shortly arrived at in regard to the Iz A A •<* tM/* 1 * A • 1 . . « implementation of its recommenda­ tions.” ented were the two Gujarati dailies. The Bombay Samachar, and The Jam-e- on housing in Bombay is to encourage Jamshed, the E... 1 ___.. 7_._L __ ______ bimonthly publication, Dini Avaz, tTie trustees.areintouchwiththelocalcom- Committee for Electoral Rights backed mittees of Sanjan and Golvad where the tion & Method Study has now been journal. The Zoroastrian and Parsiana. BPP holds property, to promote hous- . carried out by Freddie Mehta assisted ing schemes. This scheme is for the older by a Ms Bapsy Ouzder. (Their) report is Housing generation who need not continue to under study at present, and decisions Of all the BPP programmes, housing live in Bombay, and for younger people “has the topmost priority” said Kanga. for whom there are growing employ- The emphasis is on expediting the ment opportunities in industrial regions The trUStGGS 3gr6Gd tO hoia press conferences schemes; 1 he construction programme Desai and Vimadalal voiced caution f must start immediately... (and) quick in advising Parsis to settle out of Bom- rGgularly, possibly oncG decision making will take place.” Kanga bay unless there was going to be a sub­ said. stantial Parsi community in the place of Though the BPP possesses land and settlement. Otherwise the chances of F.S.I. for the construction of 1000 flats, finding suitable spouses would be slim. isSUGS Of PUbliC fntGrGSt. thete are 7480 applications for housing K • pending with the Punchayet which has Accounts earmarked Rs 62 lakhs for housing. “We’ve decided to bring all the appli- keeping accounts,” admitted Guzder. cations (for housing) up to date,” said The BPP has 1,500 accounts, he noted. Guzder. Applications filed before 1979 “The Trustees had felt that there is a are likely to be time-barred and, there- need of modernising the Accounts sys- ________ fore, these parties will be sent fresh tern and also improving the resources of jhe Committee for Economic Uplift, forms. If they still require a flat they the Bombay Parsi Punchayet through a which according to the release devised must return the form in 30 days. . —1:«., « . ............................... “When thousands of applications are release, pending a’nd only a few can be helped concretely, many a time doubts, suspi- related matters was therefore taken in cions and loose talk arise from the hand, and in consultation with Minoo source of disgruntled left-outs,” notes Shroff, financial consultant of the J.K. the press release. “In order to do away Industries as well as statutory auditor, with such undesirable aspersions, it has. H. Damania, and our tax consultant, been decided to classify all the pending F.P, Sarkari of Messrs Kalyaniwalla & the boys to fulfil these needs, he said. ’ Noting the concerted efforts made by adopt thejollowing measures: To invest the present trustees, Desai pointed out ’ that many schemes had been started and implemented in the past as well. “The trustees (in the past) were not idle or indolent,” he said. “It’s just that today we are working on a crash programme.” This was a clear indication that the Education better Investments policy,” noted the the comprehensive housing scheme,also intends to tackle the problem of employ- “A study of the Accounts System and ment and education. One proposal, still in the “idea stage” according to Kanga, is to select talented youngsters and assist them in realizing their potential. “We’re trying to find out the needs of the Parsi industrialists,” and then train applications for housing in seven differ- Mistry, the Trustees have decided to ent categories.” ; ’ ~ The first two categories - couples Rs 2 to 2'/2 crores in Unit Trusts, to waiting to be married and victims of invest Rs 2 to 2/2 crores in Public Sector house collapse, have been considered Companies and to invest the balance amounts in Nationalised Banks.” This should give a return of 12'/2 per­ cent to 13 percent on the amount invested, said Guzder. The enhanced gap between the community’s aspira- return would help meet the rising costs, tions and the Punchayet’s recognition of especially of staff. The monthly BPP them, are narrowing. wage bill is close to a lakh and a half This does not include the Wadia Baug staff salaries that amount to around eight lakhs annually. The BPP intends to upgrade the staff reserved for each of these categories; the and attract new recruits. One of the remaining 40 percent will be allocated attractions would be the possibility of on the basis of medical grounds, persons receiving accommodation, a scarce living in slums, and to practising commodity in Bombay, noted Kanga. mobeds and Punchayet staff. The applications so categorised will be given a merit rating on factors like marital status, present accommodation and paying capacity of the applicant. This method was described by Kanga as “an objective way to allot accommoda­ tion.” ” \Ne'Te trying to find out the needs of the Parsi industrialists," and then train the boys to fulfil these needs. Due to exigencies of space, we are unable to carry the serial - Aek Atmakatha: The Life of Dastur Dhalla, in this issue. most deserving and 30 percent has been recen ing Beautiful Holiday Resort Available for immediate occupation­ weekends - few days, few months, “The average age of Punchayet small cottage on a most’beautiful employees is 60.” he commented, and beach on West coast of India, “this is one of the handicaps under All modern conveniences. Fully which we work.” We must streamline furnished. Approachable by train or the organisation, but at the same time, road, 272 hours run from Bombay, we must not “forget the culture of the Apply to The Advertiser (Resorts), organization,” he said. According to the press release, “The G.P.O. Box 892, Bombay 400 001. J 2r I I I I I ( » Petit vs Jeejeebhoy XII The Zoroastrian Tribe? THE JUDGEMENT SO FAR Then .the question arises whether, at Here I will take up another point which occupied days and days, seemingly turn- that time, it could have had any meaning In 1903 R. D. Tata married according to ing on the connotation of the words for the community, whether it signified Parsi rites, a French lady, after having Parsi and Zoroastrian, but really going any national as opposed to religious her navjote performed.'Tata claimed his deeper, and touching the root of the bond ? I should say probably not. And it wife “had become a Parsi professing whole matter. Put shortly. Plaintiffs say is just here that the significance of the the Zoroastrian faith and consequently that Parsi is a term of primarily religious contention dives below the surface ver- she was entitled to participate in all the charitable and religious Funds and Institutions of the Parsis’including tation. We were referred to dozens of mon distinguishing bond, marking them the right io enter fire temples and books, not a passage in one of which off from others and constituting them a have her body consigned to the Towers helped or could have helped to an intelli- peculiar people, except the bond of reli- of Silence. gent solution of the difficulty. Everyone gion? When they landed in India they Thus the scene was set for the historic speaking loosely knows the facts, as well were the only people in all that vast and court case of Petit vs Jeejeebhoy, also aseverybody else. When on those facts a teeming Continent who professed the known as “The Parsi Punchayet Case.’’ peculiarly subtle question arises, which Holy Mazdiasnian faith. Was it not the The question before the two judges of was certainly never present to the minds profession of, and adhesion to, that the Bombay High Court, Justice of any of these amiable savants and tra- faith which consolidated them and Frank C. O. Beaman and Justice vellers, their casual and unconsidered made of them a separate people? Or Dinshaw Dhanjibhoy Daver, use of this term or of that is in itself was whether a person born' in another worthless, while such observations as faith but converted to Zoroastrianism was entitled to the benefits of certain community trusts. The plaintiffs (Sir Dinshaw Maneckji been much better, not to say shorter. Petit; Tata and others) contended Zoroastrianism enjoins and practises conversion and that converts are ' entitled to all the benefits provided. The soon locally designated Parsis, because , . , . .. they came from Fars, or Pars, or Persia. Applied to them by the peoples of India, this term simply denoted place of origin. They would not have called themselves Parsis, any more than at first their fel- they were foreigners. The outsider might low Persians who had not come to India have chosen to label them, for purposes " of identification, by a term denoting their place of origin. But what did they connotation, the Defendants thatTt is a bal definition to the root ot the matter, term of primarily racial or tribal conno- namely, had this body of exiles any com- were they a separate people because, in the loose geographical notions of those some of them made upon scraps of cus- who were not of their faith, they had tom, never rise above the level of the ordinary traveller’s tale. The case had come from Pars ? without that mass of pedantic rubbish. The Indian Parsis, aseveryoneadmits, »1" come to India from Persia. They were In the 20 to 30 passages referring to these properties, the word Parsi does not once occur. defendants (Sir Jamsetji Jeejeebhoy and others) while admitting that Zoroastrianism permits conversion state that “ever since their (Parsis) advent into India (they) have not admitted a Juddin (Person belonging to another religion) into their with them would have called them Par- ' fold. They admit, however, that children born of a Zoroastrian father by an alien mother have been admitted into their fold by the performance of the Navjote ceremony. Beaman, in the first instalment, while Zoroastrians themselves - the word strange land, just as the Pllgrim Fathers Looked at from either point of view, sis. And in this connection it is interest­ ing to note that, in the twenty to thirty themselves regard as their bond of passages referring to these properties union? Was it the religion for which which have been discussed at great they had fought, and been exiled, to pre­ length—early dedications by the Indian serve which they had sought refuge in a noting conversionwdsknown to Zoroas- Parsi does not once occur. In all proba- carried their religion to the free air of trianism, stressed the importance of bility, Parsi was a name which no Parsi America; or was it some national or tri- determining whether the founders of the would have recognised or thought of bal sentiment, originating in and insep- trusts “contemplated and intended that applying to himself or his people in any arable from the place of their birth? ' Converts should be admitted to partici- special tribal or national sense, when The answer to this, in those remote pate’’ in the trusts. first their exiles landed in India. times, is I think clear and certain. What special tribal or national sense, when first their exiles landed in India. 3It is more accurate to describe the Indian Zoroastrians as Parsis than ^as men and women professing the Holy Zoroastrian faith. the first immigrants of the Zoroastrian feeling of patriotism could have sur- the first immigrants of the Zoroastrian The importance of applying a search- vived? There are still, and there then faith were united primarily by a com- ing analysis to the use of the terms Parsi were, of course, numerous Zoroastrians rhon religion, they were also united as a and Zoroastrian from the earliest times in Persia. But amongst themselves, tribe, which was a tribe because it is obvious. If, as the Plaintiffs contend, Indian Zoroastrians do not call them remained the sole repository of the one Parsi means—and never at any time Parsis, but Iranis. The fact that the 1 Indian Zoroastrian immigrants were, rightly or wrongly, supposed to have come exclusively from the Province of stances it will develop to a degree of and formally admitted into it, would Fars, amply accounts for the fact that exhaustiveness exceeding anything ipso facto be a Parsi and a member of the people among whom they settled which is truly national. That is a consid- the Parsi Community. Such a ^person labelled them Parsis. But we are con- eration whch must not be lost sight of would, under the express terms of the cerned now rather with the way in which they regarded themselves. They owed no bly incorrect to describe the first in all the benefits of these Trust Proper­ allegiance to any Persian King: they had Zoroastrian immigrants as a Persian orevena ties. If, on the other hand, Parsi means no special civil or religious rights as Per- Zoroastrian tribe. So far from that something more than this, if it means sians: they had no special political char- being the case, they were the shattered one of the tribe of immigrants from • acteristics as Persians—less still, of remnants of a great nation. Usually Pars, then it follows that mere conver- course, merely as men from Fars. What what has had a complete and national sion to Zoroastrianism will not make-say, they did have was a very special, ele- organization on a grand scale does not, a Frenchman—a Parsi, or entitle him to vated, and ennobling religion—their on disintegration, break up into tribes, be considered a member of the Parsi own exclusive religion as far as India We have no Greek, or Roman, or Peru- Community, or to share in the benefits was concerned, in the practice and pro- vian tribes. of these Trusts. fession of which they stood apart from - In the latter case, the Plaintiffs fall all the alien races by whom they were jg probably inCOrrect tO back upon another, and really a much surrounded. . stronger, line of argument. They say They were in much the same case as describe the IirStZ,OroaStrian the insertion of the words the Jews—a peculiar people, with no country of their own, no separate national life of their own, owing alle­ giance to no Parsi or Zoroastrian tem­ poral sovereign, guests on sufferance of races, of peoples, who had nothing wha­ tever in common with their religious organization. They did not know them­ selves, I have no doubt, as Parsis, in any distinguish between the integral factors chosen to exclude Converts from, not national sense, if in any sense at all, but of the whole national Unit, to see Converts to, Zoroastrianism. And 1 do as members of the Zoroastrian com- whether the predominant factors are not think that in view of the Plaintiffs’ munity in India. And if that is correct, temporal or religious. In the latter case, second line of attack, they really need does it not follow that the original bond of union between these settlers was the bond of religion, not of nation ? Here we barians - might force those who surviv- must not forget that while there may be ed and still regarded their old religion contention is fundamental, namely, that a plain absence ofanything like what we as their chief national treasure to carry it mere conversion makes a man or understand by National or Patriotic off with them, and, where the environ- woman a full member of the Parsi - or feeling, its place is not infrequently taken by a tribal feeling. And it mav be contended that, while possession. 4 mon religion, they were also united as a and Zoroastrian from the earliest times tribe, which was a tribe because it is obvious. If, as the Plaintiffs contend. true ta'ith. And once the tribal sentiment meant anything more than—a person comes into being, it cannot be doubted professing the holy Zoroastrian faith, or denied that, in appropriate circum- then any person professing that faith. eration whch must not be lost sight of would, under the express terms of the and may, be noticed later. But it is proba- Trust Deed of 1884, be entitled to share It is probably incorrect to describe the first Zoroastrian immigrant as a Zoroastrian “^embers of the Parsi Community, A I A 1 OO VW lAVOA WMAVV^l* A tribe...they were the shattered remnants of a great nation. ' etc," in the Deed of 1884 were unautho­ rized and at variance with the intentions of the Founders. I have already observed that those are the words of an English draftsman who coultf not possi- ' bly have foreseen the trouble they were But here again it may be necessary to to cause. I have said that they were the break up of the Nation or Empire— the elaborate verbal criticism which has its overthrow by infidels or bar- been spent over them. But I do think that the underlying ment required, constitute themselves a call it if you please Zoroastrian— kind of tribal guardians of this sacred Community, and entitles him or her to all the benefits of the Trusts instituted • J ¦IParsi was first used by outsiders to describe to each other - by reference to the place of origin - this strange new people. (¦ And along with this secularizing pro­ cess, went a corresponding weakening of the original religious tie, so that, I k is more accurate to describe the Indian Zoroastrians as Parsis—thereby imply- ing the Holy Zoroastrian faith. And that makes it the more unfortu­ nate that the Trust Deed of 1884, drafted by an Englishman, should be [ K compare it with the earlier documents, one thing is plain, that whether the Defendants have put the right construc­ tion on disputed words or not, those words ought not to have been used. It would have been much better to follow the language of the Founders at the time they dedicated these Trusts to public religious uses. Had that been done, we should have been spared a great deal of refined, and, on the whole, profitless argument, and we should also have been for the public religious worship of that Community. I think that the words in the Deed are not very important, because when we turn back to the earlier daresay, it is quite true to-day to say that documents, we shall find that the Founders of all these Trusts never used the word Parsi, but invariably spoke of ing a caste, or communal, or tribal Zoroastrians, those of the good Mazdi- organization—than it would be to asnyian faith, or members of the Holy define them as men and women profess- Zoroastrian Community, and so forth. ~ And the real question is not to distin­ guish between the modern connotations of Parsi and Zoroastrian, but to ascer­ tain what the Founders meant when expressed as it is. For, when we come to they dedicated these properties and moneys to Zoroastrians or members of the Zoroastrian Community. Still I have thought it right to point out what I con­ ceive to have been the true origin, con­ notation, and application of these terms when they first appear side by side. In my opinion, Parsi was first used by out­ siders to describe to each other—by ref­ erence to the place of origin—this strange new people. Outsiders could not, of course, have known and presum­ ably cared little, abut the religious tenets spared the useless labour of following of such immigrants. They were foreign­ ers, and they came from Persia. Enough then to describe them as Parsis. Among the Parsis themselves the case was altogether different. They had no reason to be proud of their place of origin, they had nothing to look for from Persia. But they had their religion. They were first and last Zoroastrians. irrespective of the fact that persecution . had driven Zoroastrianism out of Per­ sia. AS time went on, no doubt the tribal sentiment grew and throve, and there was super-imposed upon the first simple Trustees had no right to substitute for bond of a common religion, the bond of a common tribal descent. So that, as the community prospered and acquired less to construe those popular terms in wealth and importance, it accepted the popular name of Parsis, as though it really were a national or tribal distinc­ tion. Wanted Old Toys * Mechanical * Battery Operated Wind-up Also OLD TOYS like Trains * Dinky Cars * Lead Soldiers Dolls * Dolls' Houses Piggy Banks Etc. Etc. Etc. Will appreciate your sending a detailed list of any OLD TOYS that you may wish to sell together with expected prices to: OLD TOYS C/o Parsiana G.P.O. Box 892 Bombay 400 001. * * « « Counsel through dictionary definitions, and the tales, opinions, and gossip of more or less well qualified savants and travellers. If I were to find that it was the inten­ tion of the Founders of these Trusts— using the words “for the use of the Anjuman of the Zoroastrian Commun­ ity” or “for all those of the pure Mazdi- asnyian faith,” and so on - to include in their benefactions genuine converts to Zoroastrianism, then 1 should not feel the slightest hesitation in saying that the such words popular language like “the members of the Parsi Community,” still. such a way as to exclude persons whom the Founders meant to include. To be continued 5Nationalization of Public Trusts? Shiavax R. Vakil In the strife and struggle of establishing d) have failed to provide adequatefacili- P ‘ ‘ ties or amenities to the persons Government is empowered by Notifica- entitled to visit and use the trust prop- tion in the Official Gazette and in such or other manner as it deems necessary to e) are managing the trust in any manner declare its intention to abolish all By section 5 of the Bill the State a welfare state, many governments and princes have fumbled in adapting the ideas and ideology that would best serve socio-economic realities. In assuming the responsibility, the State has gone further and further in determining what is good for the popu- f) have committed lace at a given time. It has attempted to substitute the foresight of the past by forestalling the future. The Maharashtra Government _____ _ ____ ____...o,. u. nuai me duce^m^Ihl‘’2?emb?vaM^^^^^^ arthat‘'s7rieVrs^ns have hereditary or aucea in the Assembly a Bill called The judgement, decree or order or scheme of Maharashtra Public Trusts (Manage- any Court, Charity Commissioner ment. Acquisition and Common Good Tribunal Fund) Act, 1982”. The purported object ________ of the intended legislation is to provide ¦ for taking over management of a public The bill eiTipOWerS the trust temporarily for better manage- Stete QOVemment to ment and governance thereof, and, in guvernmeni ... TO suitable cases, for acquiring and vesting of any such trust in the public interest in Office and aODOint a Q frtictoa z.. _ ____ ____________I 1_ _ .1 __ ¦ tion in the Official Gazette and in such other manner as it deems necessary to detrimental to the interest of the trust, claims, rights and privileges enumerated below and to transfer the funds and any acts which are properties of the trust and to vest all of --------------- ------ them in a trustee committee appointed The claims, rights and privileges are or - j prejudicial to the interest of the trust. tL,... k. _______ The Order can be passed notwith- by the State Government, standing anything contained in any law, ‘ custom or usage or instrument of trust the following, namely" other rights and privileges for man­ agement of the affairs of the public trust or for performance of certain services or for receiving and appro­ priating the income or a share in the income from the offerings and pay­ ments made for their services; or remove the trustees from devotees or other persons visiting the trust properties are being exploited or harassed or molested or are not provided with the necessary facilities or amenities; or c) that the trust is being grossly misman­ aged; or d) that the trust has a large income, funds and properties but the surplus funds are not being, or cannot, for some reason or the other, be utilised adequately to undertake welfare activities for the general public, or e) that a situation has arisen in which the trustees cease or refuse to discharge their functions or for some reason or the other (including involvement in continuous litigationj&K unable to or prevented from, discharging their functions and the work of the trust has, or is likely to, come to a standstill or there would be substantial retarda­ tion of its activities. The State Government by acquiring or any other Authority or in a trustee committee constituted by the State Government for that purpose and ^^Zetted Officer ... tO for creation of a Common Good Fund take Charge Of the trUSt and its funds and properties. State Government for that purpose and for assisting other needy public trusts or for utilization of the fund for welfare activities for the general public or for other charitable purposes. It would be pertinent to inquire any proceedings pending before any whether the new legislation would Court, Charity Commissioner, Tribunal achieve the avowed object or would it or any other Authority, achieve something more than what was ~ intended. Section 3 of the Bill empowers the supercede the management of a public State Government by an Order pub- trust is obviously far in excess of the lished in the Official Gazette to _ the trustees from office and appoint „ Gazetted Officer of Government from time to time, as the Administrator to take charge of the trust and its funds a-id properties, to manage the affairs of the ___________ _ _____ ......... ...... trust, under the direction and control of nificant property, would the State be The power which the State Govern­ ment seeks to acquire is to enable it to 1 remove a trust is obviously far in excess of the mischief which it seeks to remedy. The six grounds enumerated above are too frivolous and flimsy to warrant the tak­ ing over of a trust. For instance if a trustee misapprop­ riates a small sum of money or an insig- the State Government, if the State justified to take over the entire manage- the aforesaid powers would be at liberty satisfied upon a corn- ment of the trust? Common sense and to destroy the trust, extinguish its rights plaint in writing from any person, hav- prudence would answer in the negative and remedies and appropriate fundsand ing an interest in respect of any public but under the proposed enactment it properties of the trust without account- trust or suo motu that the trustees of the ------ • - ¦ • • - wiuiuuidceoum trust— a) have neglected to perform any of their only for a limited period of 3 years and property ol the trust"and"the'abolLhing duties, or the trustees are to he aiven the nnnnr. nfitc pinkte _ ___ ___________ r<- b) committed any breach of trust in respect of the trust, or c) misappropriated-the funds or proper­ ties of the trust, or would be justifiable. Of course the taking over of a trust is ing for the same. The acquisition of the funds and the trustees are to be given the oppor- of its rightsand remedies is to take effect tunity of being heard and the order of free from all encumbrances and any att- the State Government taking over the achment, injunction, decree or order of trust is appealable. These safeguards are any court. Charity Commissioner, trib- not adequate to prevent abuse of power, unal or other Authority. 6) I. 1 All minorities, whether based on reli- becomes law it would obviously violate The persons whose claims and privi­ leges are acquired under this section gion or language shall have the right to the freedoms enshrined in the Constitu- shall be entitled to receive from the State tion. Government an amount as. may be Public opinion must be brought to bear on the State Government so that the Bill is not made into law as it stands. No one disputes the legislative com­ petence of State Government and legis­ lature to enact laws for the proper management of public trusts without violating the fundamental rights ensh­ rined in the Constitution. uovernmeni an amount as. may oe ¦y-iT o’* • ’ ?u determined by taking into consideration The Stdte government by the gross annual income or the gross acquiring (these) annual collection or receipt derived or ¦ made, as the case may be during the last three financial years by such person. In short, the State Government is not trUSt ... WithOUt obliged to pay any compensation for the acquisition and transfer of the proper­ ties and funds of the trust. Article 30 guarantees the right of the establish and administer educational minorities to establish and administer institutions of their choice. educational institutions. powers would be at liberty to destroy the accounting for the same. Extracts from article io The Bombay Samachar, 3 October 1982. 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