Legal Question in Wills and Trusts in India
Possibilities of Trustees taken salary from Project implemented by the Trust
Greetings from Sustainable Life Trust, Dharmapuri.We got a project from DST.Govt,of India.We have some doubt regarding to get the salary from the projec because both myself and one of our Trustee are the founder members of the Trust. Some of our friends says that there is no provision to take salary from the project. --name removed--please clarify the above matter
Thanking you.
Sincerely yours,
Director-sustainable Life Trust
Contact : [email protected]
5 Answers from Attorneys
Re: Possibilities of Trustees taken salary from Project implemented by the Trust
Normally the trustees are not entitled for salaries unless and otherwise it is expressely stated in the trust deed or atleast in the project sanctioned by the government allowing expenditure on salaries to the trustees from the project funds. However, for a clear view on the point it is necessary to peruse the trust deed and the project report and sanction letter by the government.
Re: Possibilities of Trustees taken salary from Project implemented by the Trust
it is not clear that what you exactly seek, but any way from the little what you have provided it appears that your question is about statutory provisons relating to the matter of salaries of trustees, there is no statutory bar on the trustees, whether founder member or not, to receive salaries, but this issue can be subject to the various clauses/provisions/terms and conditions of the trust deed, so it is opined that verify the instrument of trust to find whether you are permitted to receive salary under the present circumstances or not.
Re: Possibilities of Trustees taken salary from Project implemented by the Trust
One needs to examine the Trust Deeds as to the provisions contained therein - with regard to your question.
Re: Possibilities of Trustees taken salary from Project implemented by the Trust
By the elucidation of the facts, it is not clear as to what is the exact legal opinion you are seeking and also in these type of issues it is all the more important to peruse the trust deed and the recitals therein. However, if you can highlight the core problem, it would enable us to give our opinion.
Re: Possibilities of Trustees taken salary from Project implemented by the Trust
Sir,
Payment of Salary would depend upon two things. First, the terms of Trust Deed under which Trust has been conceived. Secondly, it is the contract, governing the project, between the Government and the Trust. Your question, therefore, is incomplete and require further facts.
Regards,
Vishwa Arya