Formation of The Bombay Diocesan Trust Association Ltd.
As part of the reorganization of the
Diocese of Bombay, on January 7, 1929, The Bombay Diocesan
Trust Association Ltd., was formed to act as Trustees
for Diocesan and Parochial Property. Since the creation
of the Archdeaconry in' Bombay in 1815, and the See
of Bombay in 1837, the Archdeacon and the then Bishop
had acted as trustees, each in their capacity as a Corporation
Sole. The B.D.T.A., Ltd., was empowered to undertake
the trusteeship of any religious, or other charitable
trust, subject to the consent of the Bombay Diocesan
HISTORICAL & LEGAL BACKGROUND OF THE INDIAN
CHURCH TRUSTEE (ICT)
The Church of England later known as
the Church of England in India, then as the Church of
India, Pakistan, Burma & Ceylon and finally as the
Church of India. This Church followed the Anglican mode
of worship and was, therefore; also know as the Anglican
Church of India.
The Royal Charter of Incorporation
granted to the Indian
Church Trustees (ICT) on 11 June 1929 and published
in the Gazette of India dated 20 July 1929. In
one of the paragraphs, it has been stated as follow:-
" And we ordain and declare that
the ICT Trustees shall in all matters be subject to the
order and control of the General Council." (C I P B C)
With the coming in force of the Bombay
Public Trust Act, 1950, in order to enable registration
of all movable and immovable properties/assets with
the Deputy Charity Commissioner, Mumbai and to clear
any doubts whether there are, apart from the ICT, any
Managing Trustees, either continuing or appointed, under
any Trust or the Indian Church Act, 1927, the General
Council passed a resolution in 1955,confirming that
The BDTA Ltd. are the Managing Trustees of 22 Churches
listed in the Resolution along with their movable and
immovable assets in the former State of Bombay.Presidency. Accordingly,
the said Churches with their movable and immovable properties
/ assets' were registered with the Deputy Charity Commissioner,
Mumbai under P.T.R No. D-185(BOM) dated 3rd April 1956.
The Indian Church Trustees are the Trustees and The BDTA
are the Managers of the Trust. Under the column "mode
of succession to the trusteeship and Managership"
it has been clearly mentioned, "The Trustees and
the Managers are bodies corporate with perpetual succession
and with a common seal. " under the column objects of
the Trust, it is mentioned "To provide places of
worship for use in accordance with the Constitution,
Cannons and Rules (CCR) of the Church of India, Pakistan,
Burma and Ceylon (CIPBC) as amended from time to time
and in accordance with the constitution and regulations
of Bombay Diocesan Council as amended from time to time."
The Anglican Episcopacy of Bombay which
followed the tenet, practice and faith of CIPBC (Anglican
Communion) having pastoral oversight over 80 Anglican
Churches institutions related to the Bombay Diocesan
Council of the CIPBC in Western India had its own privileges,
rights and functions in relation to the Anglican movable
and immovable Properties vested with The B.D.T.A Pvt. Ltd.
The Bishops /
Bishoprics evolved and formed under Constitution of
Church of North India (CNI) are totally and entirely
different to the Anglican Episcopacy
The CNI Bishops are Constitutional
Bishops and, therefore the Constitution of Church of
North India, which clearly lays down their functions
and duties, binds them to the said Constitution.
To claim special privileges, rights
and functions of Anglican Episcopacy by a CNI Bishop
would not only be constitutionally irregular but also
illegal. Prior to entering into the church Union on
29th November 1970, Decision No. 28 of 1970 was passed
by the General Council. In the said Decision, it has
been very clearly stated that once the General Council ceases
to exit, the ICT shall be an autonomous body working
within the terms of its charter and the directions already
given to them from time to time by the General Council and the CIPBC.
In application of the directive from
the General Council, they shall be guided by principles
outlined in Decision 11 of the General Council, 1966.
This decision of the General Council was endorsed by
the ICT on 28'" August 1970. The directive of the
General Council was specific that, till such time the
properties and assets of various Trusts of uniting churchs
are legally transferred, they shall be administered
for the present beneficiaries only(Anglican Parish).
Till today not a single property has been transferred
to CNI. The General Council ceased to exit on 21st November
Further, as per the CanonVI of Chapter
XXXVI of the Constitution, Cannons and Rules "The
Indian Church Trustees shall be bare or holding Trustees
and shall not assume the management of any property
which they hold, unless it be one of the express terms
of the Trust, accepted by the General Council that they
should do so, or in any other special case where the General
Council shall instruct them to do so."
"In light of what has been stated
above that as bare and passive trustees, the Indian
Church Trustees have no powers whatsoever to divest
The Bombay Diocesan Trust Association Pvt. Ltd. The
Managing Trustees of their possession, control and Management
in respect of these Anglican assets / Trust properties
and especially in view of the Canons, Rules and Directions
already given by the General Council CIPBC, the Indian
Church Trustees have been legally incapacitated from
taking any different course of action against duly and
lawfully constituted Managing Trustees viz. The Bombay
Diocesan Trust Association Pvt. Ltd. and /or in regard
to Church properties mentioned in the Resolutions of
the General Council, CIPBC of 1955 and now registered
as Trust properties under P.T.R No. D-185 (Bombay)."
Also as per Canon VII of Chapter XXXVI
of CCR of The Anglican Church of India, "where
there are, at the date of severance, Managing Trustees
of any property, which comes at the date to be vested
in the Indian Church Trustees under the provisions of
the Indian Church Act, 1927, those Managing trustee
shall, unless it be otherwise ordered in any scheme
made under the provisions of the said Act, continue
to be the Managing Trustees, after the date of severance."
B.D.T.A Pvt. Ltd. have been the Managing Trustees of
all properties of the Anglican Church of India in the
Western India at the time of severance,
it also naturally continues to function as the Managing
Trustees of all the properties of the Anglican Church
of India located in Western India covering the states
of Gujarat, Maharashtra, Rajasthan, North Karataka &
"Resolved that this Standing
Committee, acting under Chapter XXXVI Canon XI on behalf
of the General Council of the Church of India, Pakistan,
Burma and Ceylon, recognizing that doubts have been raised
as to whether there are, apart from the Indian Church
Trustees, any Managing trustees, either continuing or
appointed, under any trust of the Indian Church Act,
1927 in respect of the following Churches and Church
properties in the State of Bombay and within the Diocese
of Bombay vested in the Indian Church Trustees:
St. George's Church, Ahmedabad
St. Mary's Church, Belgaum.
St. John the Evangelist Church, Bombay
Christ Church, Deesa.
Garrison Church, Ghorpuri.
|| 6. All
Saints Church, Kirkee.
St. Mary's Church, Pune.
Holy Trinity Church, Purandhar.
St. Thomas Church, Satara.
St. Stephen's Church, Bandra.
All Saints' Church, Bijapur.
St. Matthias' Church, Broach
All Saints' Church, Dharwar
St. Matthias' Church, Igatpuri
St. George's Church, Kaira
All Saints' Church, Lonavala
Christ Church, Mahableshwar
St. Saviour's Church, Mount Abu.
St. Paul's Church, Pune.
Christ Church, Sholapur
Christ Church, Surat.
St. James Church, Baroda.
and with a view to enabling the aforesaid
Churches and church properties to be registered under
the Bombay Public Trust Act, 1950 with the Deputy Charity
Commissioner, Greater Bombay Region, by the Bombay Diocesan
Trust Association Limited, hereby appoints The Bombay
Diocesan Trust Association Limited a company incorporated
under the Indian Companies Act1913 having its registered
office at 21 Waudby Road, Bombay - 1, to be managing
trustees of the aforesaid Churches and church properties
including their sites, buildings, compounds, churchyards,
graveyards, fixtures, fittings and furniture's
FROM THE PROCEEDINGS AND RECORD OF DECISIONS OF GENERAL THE
COUNCIL OF THE CHURCH OF THE INDIA, PAKISTAN, BURMA
AND CEYLON - ORDINARY SESSION HELD AT COLOMBO 16TH TO
19TH JANUARY 1956.
Decision 20. The
General Council of C.I.P.B.C assembled at Colombo in
January 1956, In exercise of the powers conferred upon
it by the charter of Incorporation of the Indian Church
Trustees and the C.C.R of the C.I.P.B.C hereby authorizes
and directs the said Trustees ie.the BDTA Pvt Ltd to
function as managing trustees and to exercise all such
powers and perform all such duties and discharge all
such liabilities as they may as managing Trustees lawfully
exercise, perform and discharge in respect of all property
vested in them (save and except such property with regard
to which the instrument of trust makes specified provisions
for management by other persons or body of persons)
until such time as the Council may otherwise direct
and confirm and approve all pervious operation of such
powers and duties which have been exercised by the said
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