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We need to be deeply grateful to the farsighted Gujaratis of the early part of the last century. With a deep public spiritedness, they set up thousands of trusts to plough back to society what they earned from it.

The benefactors included religious organisations, merchant guilds, caste associations and wealthy patrons. Depending on their inclination they set up trusts to run gaushalas, hospitals, dharamshalas, educational institutions, orphanages, community centres and more.

Over the decades these institutions nourished and supported the public, those who did not have adequate opportunities, the unfortunate, the neglected and all those in need.

And they gave to the state many firsts - the first labour union, the first textile research institute, the first girls' school and much else. Some of the people who became the movers and the shakers of the state were nourished by these institutions, and in turn started other trusts to do similar work in other fields.

But as always happens with humanity, along the way some rogue trusts were set up with the sole purpose of laundering money or hiding black money and ill-gotten wealth. Many of these were started by politicians or business honchos to park their illegal gains. Others were started as tax havens. This, however, did not diminish the sterling work being done by the hundreds of trusts that had spread out across the state.

By the mid 50s, with a fledgling independent government, many of these stepped in to provide services that the state failed to do - in sectors like protecting and empowering women, minorities and other backward classes, and in disaster mitigation. For the current generation, the earthquake of 2001, and the rehabilitation of people and towns that followed by hundreds of these trusts (now more commonly called NGOs) will be a case in point. Much of what is Kutch today is the result of these NGOs' efforts.

Most of these trusts were legalised under an act called the Bombay Public Trust Act, 1950. This has remained in force for 50 years since the formation of the state of Gujarat. Under this, hundreds of religious foundations have fed and clothed thousands, others have educated, trained, given legal aid, supported, made economically independent, millions of people.

But under a draconian and dictatorial replacement Act trying to be brought in by today's state government, all that is about to change. The new bill called the Gujarat Public Charitable Trusts Bill 2011, will ensure that anyone concerned about being falsely framed by the state government, or anyone wanting to speak their mind, or anyone taking a line that is not blessed by the present government, will instantly resign from the trusts where they have been providing invaluable services.

That in fact, trusts will become the monkeys and bears dancing to the government's tune; the government will virtually dictate who does what in each trust, removing the raison d'etre of different NGOs following different paths.

In fact it takes away all initiative from the trusts and empowers the nominees of the state, including the charity commissioner (CC) to rule the roost, and become puppets to the government's wishes.

Here are some points of major concern.

The CC is given absolute powers. S/he can take legal action against the slightest perceived misdemeanour, and the case will be treated as a criminal not a civil offence. The trustees can be charged up to Rs 10,000 for any infringement, instead of the current Rs 1000.

If the CC wishes s/he can amalgamate any two trusts. There is no appeal once a tribunal, also selected by the same state government, decides in favour of the CC. So, for example, the CC might decide that BAPS Swaminarayan and Kalupur Swaminarayan need to be amalgamated, and neither sect will have a choice. Or that ATIRA should be run by NID.

Worse, as the cases will be treated as criminal, the slightest infringement could lead to trustees going to prison.

Given the vindictive behaviour of those in power, which eminent person will want to be in that position? So instead of the reputed people who are trustees on many trusts, we will have more goons, or yes men/women, thereby ensuring the failure of the good work being done. And the hijacking of money.

Further, the cost, expenses or charges, incidental to any appeal, to an application before the CC, JCC, DCC, ACC shall be at the CC's discretion and s/he shall have power to determine by whom or out of which trust's property or funds and to what extent charges are to be paid.

All the expenses of the charity commissioner and her/his office will have to be met from a fund collected from the trusts. There is no provision to appeal against the decision of the CC, thereby making this person higher than the courts of law.

Here is a recipe for disaster for the welfare organisations of the state - and therefore for the needy and disadvantaged. Are we all going to take this too lying down?
mallika@darpana.com