DK Shivakumar on Wednesday demanded the government to revoke the Karnataka Public Trust Act, which was brought to control charitable institutions, as it violated the fundamentals of the constitution.
Former minister and Congress leader DK Shivakumar on Wednesday demanded the government to revoke the Karnataka Public Trust Act, which was brought to control charitable institutions, as it violated the fundamentals of the constitution.
He said the provisions of the Act aim to control charitable institutions, which include all non-religious charitable bodies.
“The Act provides for a commissioner of trust, who will perform these actions. The Act is seen as a violation of the Indian Trust Act of 1882 and other articles of the Indian constitution including Articles 14, 15(1), 19(1) and 21, which detail discrimination and the denial of equality before law on the basis of religion. For example, mutts and temples are exempt from this Act, which is a violation,” he said.
Referring to the Global Investors Meet (GIM), which is held to attract investors, Shivakumar said that the bill will drive away investors, as there is a provision wherein a 6% per annum rate is charged on the gross annual receipts of the institution. “This will result in a rise in payment and the burden will fall on those who were meant to benefit from it. Some investors who were planning to set up institutions and societies in the state are moving to other states and even other countries, which have fewer restrictions. Who will come to Karnataka?” he questioned.
Shivakumar alleged that the government is trying to control those who achieved what the state hasn’t been able to, thereby hindering development. He also mentioned that this is a violation of fundamental rights and Right to Information Act. “The act provides for the imposition of penalty on the trustees and the trust for violation of directions and procedures that the act details. If this process is adopted, this will discourage future trustees, trusts and philanthropists from establishing institutions,” he said.
He also said that the Act would oppose public interest, as it would subject trustees to the mercy of the jurisdiction of the commission through interference in the management of funds. When the Congress explored the bill in detail, it realised that the Act went against the constitution in many ways. “It is against globalisation, autonomy and liberalisation,” he said.
He also said the Congress had requested governor HR Bhardwaj to ask BJP to withdraw the controversial bill.
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