Archive · 16 Nov 2025
India Inc Trusts Face Governance Shake-up with New Maharashtra Ordinance
Imagine a big club where leaders have been the same for a long time, often chosen by their parents.
A new rule in Maharashtra says that only a small part of the leaders (like a quarter) can stay forever.
This means the club has to find new ways to choose leaders, making sure there's a plan for who comes next.
They can't just keep the same few people in charge forever.
This helps make sure different people get a chance to lead and that the club has fresh ideas.
It's like making sure there are enough coaches for a sports team, not just one or two who do everything for many years.
The club also needs to write down how new leaders are picked so everyone knows the rules.
Maharashtra's 2025 ordinance limits perpetual trustees to 25% of the total board strength in charitable trusts.
The ordinance necessitates formal succession planning, moving away from informal arrangements.
Legacy institutions, especially promoter-linked trusts, must establish clearer systems for leadership rotation and pipelines.
Boards may strategically expand membership to comply with the perpetual trustee cap while maintaining continuity.
The new rules push for structured, transparent, and periodically refreshed governance for trusts.
- Who
- Charitable trusts in Maharashtra, India Inc.
- What
- A new ordinance to the Maharashtra Public Trusts Act, capping perpetual trustees and mandating formal succession planning.
- When
- Effective from the 2025 ordinance, with immediate applicability for compliance.
- Where
- Maharashtra, India.
- Why
- To reshape trust governance, ensure leadership continuity, broaden accountability, and make leadership transitions more predictable.
Traditional Practices
New Ordinance Requirements
Trustee Succession and Tenure
Traditional Practices
Historically relied on informal succession, perpetual trustees, and customary practices for leadership continuity.
New Ordinance Requirements
Mandates formal succession planning, limits perpetual trustees to 25% of board strength, and requires documented appointment criteria and transition plans.
Board Structure and Control
Traditional Practices
Concentrated control by promoter-linked families and entrenched leadership was common.
New Ordinance Requirements
Encourages broader representation, regular turnover, and redistribution of influence through board expansion and staggered exits.
- Effective Date
- 2025 Ordinance (temporary until ratified)
- Perpetual Trustee Limit
- 25% of total board strength
- Affected Entities
- Charitable trusts in Maharashtra, particularly large promoter-linked trusts with significant equity stakes.
- Key Changes
- Limits lifetime trusteeships, standardizes trustee definitions, requires formal succession planning, and encourages board expansion.
- Compliance Urgency
- Immediate applicability requires careful review of resolutions passed after September 1, 2025, and those implemented after that date.