Status as on 13 Sep 2013

Registration Number Name Of Complainant Date of Receipt Received by : MINHA/E/2013/01832 / CMOFF/E/2013/00768 Dt 12 Sep. : Abhishek Kadyan : 12 Sep 2013 : Ministry of Home Affairs

Officer name : Shri. Satpal Chouhan Officer : Joint Secretary (Coord. & PG) Designation Contact : Room No. 9, Address

North Block, New Delhi110001

Contact Number e-mail : 23092392 : jscpg-mha@nic.in

Grievance Description

H V S C Report on Irregularities of Trust and Societies of Chautalas Family: On a suggestion made by Dr. Raghuvir Singh Kadian, MLA and supported by the other members of the House, the Honble Speaker constituted a Committee of the House to examine the irregularities committed by Trusts/Societies of family members of Shri Om Parkash Chautala, MLA under the Chairmanship of Shri B.B. Batra, MLA on 24.8.2011.The names of other Members were Shri Anand Singh Dangi, Rao Dharampal, Shri AftabAhmed, Shri Krishan Pal Gurjar and Shri Gian Chand Oadh. Due to death of : Shri Gian ChandOadh, MLA, Shri Mamu Ram, MLA was nominated as Member of this Committee by the Honble Speaker on 14.9.2011. Terms of reference of the Committee: The terms of reference of this Committee were as under:- The Committee shall look into the recommendations made in the Report of CBI and referred to the office of Honble Speaker vide letter No.7672/3/2(A)/2006/ACU-VII, dated 24.12.2009 with regard to Ch. Devi Lal Memorial Trust,Ch. Devi Lal Memorial Society and Jan Sewa Trust. The Committee would also examine the properties and operation of Mata Harki Devi Memorial Education Trust, Ch. Devi Lal Gaushala,Ch. Devi Lal Shiksha

Samiti and any other related Trust/Society that may come to its notice. The Committee shall make specific recommendations qua:- (1) Manner and methodology of allotment of properties/acquisition of properties by these Trusts/Societies including details of their assets and liabilities. (2) Manner and methodology of taking over of these Trusts/Societies by the Government in order to ensure that objects of the Trusts/Societies are met with effectively, as has been recommended by CBI. Kadyan Khap International and UN affiliated OIPA in India endorsed all recommendations of the BB Batra committee of Haryana Vidhan Sabha, strict compliance and prompt legal action will be appreciated in the interest of natural justice. - Naresh Kadyan, Convener, Kadyan Khap International, Rep. of UN affiliated OIPA in India www.oipa.org

H V S C Report on Irregularities of Trust and Societies of Chautalas Family: On a suggestion made by Dr. Raghuvir Singh Kadian, MLA and
supported by the other members of the House, the Honble Speaker constituted a Committee of the House to examine the irregularities committed by Trusts/Societies of family members of Shri Om Parkash Chautala, MLA under the Chairmanship of Shri B.B. Batra, MLA on 24.8.2011. The names of other Members were Shri Anand Singh Dangi, Rao Dharampal, Shri Aftab Ahmed, Shri Krishan Pal Gurjar and Shri Gian Chand Oadh. Due to death of Shri Gian Chand Oadh, MLA, Shri Mamu Ram, MLA was nominated as Member of this Committee by the Honble Speaker on 14.9.2011. Terms of reference of the Committee: The terms of reference of this Committee were as under:- The Committee shall look into the recommendations made in the Report of CBI and referred to the office of Honble Speaker vide letter No.7672/3/2(A)/2006/ACU-VII, dated 24.12.2009 with regard to Ch. Devi Lal Memorial Trust, Ch. Devi Lal Memorial Society and Jan Sewa Trust. The Committee would also examine the properties and operation of Mata Harki Devi Memorial Education Trust, Ch. Devi Lal Gaushala, Ch. Devi Lal Shiksha Samiti and any other related Trust/Society that may come to its notice. The Committee shall make specific recommendations qua:- (1) Manner and methodology of allotment of properties/acquisition of properties by these Trusts/Societies including details of their assets and liabilities. (2) Manner and methodology of taking over of these Trusts/Societies by the Government in order to ensure that objects of the Trusts/Societies are met with effectively, as has been recommended by CBI. Regarding as referred to (1) above: Main Societies/Trusts i.e. Jan Sewa Trust, Ch. Devi Lal Memorial Trust and Ch. Devi Lal Memorial Society have been registered at Delhi vide Registration Certificate issued under the Indian Trust Act and Societies Registration Act, 1860. Ch. Devi Lal Memorial Trust acquired properties at Sirsa, Chandigarh, Hisar, Kaithal, Narnaul and Jhajjar etc and have also established one alleged Centre of Excellence & Learning at Sector 28-B, Chandigarh. Ch. Devi Lal Trust is also running educational institutions under the name and style of Jan Nayak Ch. Devi Lal Vidyapeeth and Sirsa School etc. etc. To open a Trust and Society for the benefit of the public at large is not a bad idea. It is good to have intention to serve the public at large. Question arises as to whether

Trusts and Societies have been opened with the aims, objects and purpose as incorporated in recitals of memorandum of articles of Societies/Trusts or to open Private Limited Companies by circumventing all the laws/rules, norms, ethics and morals? Control of all these Trusts/Societies is with only one person. Report regarding manner and methodology of allotment of the properties/acquisition of properties by these Trusts and Societies have been submitted in detail with a conclusion and recommendations in 8 (eight) separate Reports. Regarding as referred to (2) above: How to take over the properties, there is no direct provision in the Societies Act or Indian Trust Act as to how the Government can take over the properties of these Trusts. But in the larger interest of the State, in a democratic set-up, the Government is under obligation to see as to whether Societies/Trusts have acquired properties in a legal/valid manner. From where funds have been acquired, method for acquisition is valid and legal or the funds have been generated by circumventing the provisions of law. Donations have been shown without genuine donors and contributors. All these Trusts must have been registered under the Income Tax Act. The question is as to whether it was bona fide and correct to grant an Exemption Certificate under Section 80-G of the Income Tax Act? Whether undisclosed money have been invested in these Trusts and Societies? According to Section 57 of the Indian Trusts Act, 1982, the beneficiary has a right, as against the trustee and all persons claiming under him with notice of the trust, to inspect and take copies of the instrument of trust, the documents of title relating solely to the trust-property, the accounts of the trust-property and the vouchers (if any) by which they are supported, and the cases submitted and opinions taken by the trustee for his guidance in the discharge of his duty. In a democratic set-up, State is always there to play a big role. State is always to act as a custodian of the interests of the people at large. Basic fundamental of the democracy is rule of law. When we ignore and disobey rule of law, the foundation of the Indian democracy is certainly weakened. It is pertinent to mention that as per all the Reports submitted therein, there are glaring and open violations of the rule of law. Strong duties are cast upon on the persons who are in public life and enjoy political status. All stated above has been done under the shadow of political big-wigs. The Government should make a request to the Government of India as well as Government of Delhi and U.T. Administration, Chandigarh to initiate an inquiry to take the action against these Trusts and Societies in accordance with the law and the matter may also be investigated by the Income Tax Authorities as well as by the Directorate of Revenue Intelligence. As per Reports, it has also come to the notice of the Committee that there are flagrant violations with the transfer/allotment of properties within the State of Haryana. There are also projects/institutions being run by the Trusts/Societies which situate within Haryana. State Government is also advised to take cognizance of all the matters and may take appropriate action accordingly and suggested action may also be taken in accordance with the law. In each and every Report detailed observations have also been given. These Reports have been made by taking into consideration all the evidences recorded as well as documents placed on record. The Committee has made these Reports without any prejudice. Hence the UN affiliated OIPA in India demands CBI and CVC inquiry along with strict legal action against all offenders as recommended by the committee as stated above. Naresh Kadyan, Rep. of OIPA in India www.oipa.org C-38, Rose Apartment, sectior-14, Prashant Vihar,Rohini, Delhi 110085.