Sahaj Marg Has a "Recreational" Flavour!! (legal advice)

Excerpts from: Minutes of Community Services Committee, City of Armadale, Australia... Shri Ram Chandra Mission Application for "non-rateable" status under the "education" designation ... See PDF file, Pages 15-19 of the Minutes ... see legal advice on page 18-19 of PDF file


Comments by 4d-don are in "red italics"...

As a "Charity" receiving "tax-exempt" or "non-rateable" status under the classification of "charity" or "education", those who oppose this "gang" at SRCM (California-1997) are paying from their tax dollars for the proselytizing and the spreading of their Mission (business) in our towns and countries. Here are some legal opinions on their status. These legal opinions were gathered by the city of Armadale, Australia, where the council denied the application of SRCM (Australia) for "non-rateable status".

You can let your "Revenue and Taxation" services know about this ruling. (your e-mail will begin a review) ... don't pay for what you don't support!! In a "Direct Democracy", it's "Power to the Participants" ...). They have fooled our national "Revenue" agencies long enough, under the "education" banner.

"Obedience to a "foreign Master" at the head of a well-funded gang of international businessmen, and nationalists, coming behind a front which is really "spiritualism", or "spiritism" with egregores, and messages from the spirits of the dead", but which claims to be a "modified Raja Yoga", (the legitimate "eightfold" path of Patanjali), but asserting that their method begins at step #7 (of 8), is not "education"!! It's can be called "recreation", a private club, or an "invasion of foreign capitalist markets" by using and selling "Spirituality" and then denigrating "all RELIGIONS" as if they were not a "religion" ... and all in the name of "brotherhood", attempting to drape themselves in the UN flag with its ideals!!

The family of the founder, and many senior preceptors of SRCM (see legal documents and court cases here) do not consider themselves "brothers" of this gang who have allegedly usurped their grandfather's name and his society by re-registering the name in "California", in 1997, and allegedly placing themselves on the Board of Directors of the National SRCM associations around the globe. (see on Youtube: Exposing Sahaj Marg...)

See what is being taught about Religion (in the name of "brotherhood"), at their school:

VBSE (Value Based Spiritual Education) at LMOS (Lalaji Memorial Omega School) of SRCM (Calfornia-1997) (Shri Ram Chandra Mission) .



To see SRCM (Canada)'s financial statements and the members of the Boards of Directors: Canada Revenue Agency, Charities listings

Enter:

Shri Ram Chandra Mission
North York, Ontario




City of Armadale (Australia)

COMMUNITY SERVICES COMMITTEE
24 FEBRUARY 2004
COMMITTEE – Business Services

Rates
RATES EXEMPTION APPLICATION –

SHRI RAM CHANDRA MISSION AUSTRALIA

WARDS
Seville

FILE REF:
A239380, RAT/13

DATE
11 February 2004
REF
JEAH
RESPONSIBLE
MANAGER
Executive Manager
Business Services

In Brief:

• Non-rateable status application from the Shri Ram
Chandra Mission Australia for Lot 30 Champion Dr,
Seville Grove.

• Recommendation is that the application be declined
for the Yoga Education and Training Centre.


Strategic Implications
Long Term – to achieve a better quality of living for the people of our City.

Legislation Implications
Local Government Act 1995

S6.26 Rateable land.
(1). Except as provided in this section all land within a district is rateable land.
(2). The following land is not rateable land –

(g) land used exclusively for charitable purposes;

(6). Land does not cease to be used exclusively for a purpose mentioned in subsection (2) merely because it is used occasionally for another purpose, which is of a charitable, benevolent, religious or public nature.

Council Policy/Local Law Implications
Current practice is to apply the rate exemption from the date of the application, where applicable.

Budget/Financial Implications
This rate exemption equates to a reduction in rate revenue of $2,263.00 for 2003/2004.


BACKGROUND
The Shri Ram Chandra Mission Australia purchased the property on 7 December 2001 with the purposes of providing Raja Yoga in the transportable building on the property.


COMMUNITY SERVICES

24 FEBRUARY 2004 COMMITTEE – Business Services


Raja Yoga is Yoga of the mind/mediation/spiritual. Currently sessions are held on Wednesday evenings and Sundays. Individual mediation sessions are offered on a Saturday fortnight.

A sign at the entrance of the property invites new participants to come along and partake in the “Raja Yoga”. Membership is open to all persons subject to the approval of the President or the President’s appointed representatives.

The objectives of the Mission (as set out in the Mission’s Articles of the Association) are:

a) To operate as a spiritual seeking entity, providing meditation, discussion and spiritual education for all, irrespective of race, religion or social and education standing;

b) To educate and propagate among the community the art and science of yoga, through appropriate training and education programs developed to suit the present day needs;

c) To conduct research in the field of yoga, including the granting of assistance to persons interested in carrying out this work; and

d) To establish and maintain a reference library to aid in social, moral and spiritual development.


Clause 11 of the Articles of the Association of the Mission:

11.01
To encourage social, moral and spiritual development of the public, the Committee of Management, with permission of the President, will establish Branches and Training Centres of the Shri Ram Chandra
Mission at its discretion.

11.02
When a member is considered capable of imparting spiritual training, is so authorized, and is deemed fit to carry on the work of the Mission, the President may at his discretion appoint him or her or her in writing head of a Branch or Training Centre as the case may be, to carry out the programme of the Mission under instruction from the President and the Committee of Management. Such heads of Branches and Training Centres will be called Preceptors and Prefects respectively.

Membership is divided into two classes, being active and inactive: An active member is one who remains regular in practice, including morning and evening meditations, attendance at group meditations when possible and shows interest in progressing the Sahaj Marg System.

An inactive member is one who has shown interest in the system, but does not regularly practice. The preceptor is to determine the class of each member.

The purpose of the Mission is also stated in the by-laws as being to provide a means whereby all interested persons seeking spirituality in the Sahaj Marge philosophy of Raja Yoga can come together in the name of the Shri Ram Chandra Mission and its branches for meditation, discussion and education.

From the foregoing, the Mission considers itself to be a training or educational body. If the use of Lot 30 is consistent with the objects of the Mission, it may be held by the Mission as a training or education centre for Raja Yoga.


COMMENT (1)

Legal Opinion

Relevant extracts from past legal opinion as to the term ‘charitable purposes’ as regards to Section 6.26(2)(g) are as follows:

• The term ‘charitable purposes’ is not defined in the Act.

• Whilst there is a definition of the term “charitable purpose” in the Charitable Collections Act, that definition relates expressly to that statute.


• Prior Australian case law has categorized “charity” to include:

1.the relief of poverty;
2.the advancement of education;
3.the advancement of religion; and
4.other purposes beneficial to the community.

• The ambit of “charitable purpose” is extremely wide and it is almost impossible to define the boundaries of the term. It is impossible to provide a prescriptive list of what might or might not be charitable purposes.

• The rate objection and appeal provision of the Act are explained as follows:

“The method of objection to a decision by a local government not to grant an exemption would be under Section 6.76 of the Local Government Act i.e. make an objection to the Local Government with 42 days of the service of the rate notice and, if dissatisfied, appeal to the Land Valuation Tribunal under Section 6.78” Insofar as “other purposes beneficial to the community”, the Courts have construed the same as follows:

“The community be a definite community or section of the community, it must be identifiable as such; it must be of appreciable importance; and it must not depend on any personal relationship to a particular individual or individuals”.

and

“The benefit of a charitable trust of this class (i.e. other purposes beneficial to the community) need not extend to the whole community provided that the class to be benefited is substantial enough to give the trust a public character. What is a sufficiently substantial class may vary according to the nature of the benefit to be provided, and it is particularly important in considering this category to keep in mind the necessary element of public general utility.”


COMMUNITY SERVICES 24 FEBRUARY 2004

Rates

Legal Opinion (2)


A legal opinion was sought from Mullins Handcock Lawyers to further expand the above legal option under “charity” in relation to the Shri Ram Chandra Mission Australia:

• Prior Australian case law has categorized “charity” to include:

1. the relief of poverty;
2. the advancement of education;
3. the advancement of religion; and
4. other purposes beneficial to the community.

From the above, (1) and (3) are not relevant.

In relation to (4) above, when the case law is considered it becomes apparent that something more is needed to quality for the exemption other than simply offering yoga and meditation to the community at large through a sign on the front of the property. To satisfy this ground of exemption, the ‘benefit’ to the ‘community’ must have some element of public benefit or of community betterment.

In relation to (2) above education is more generally associated with a public or private primary or secondary school. There may be some element of education in the sense of the imparting of knowledge or information, but Raja Yoga is not deemed educational.

Even though the Shri Ram Chandra Mission has an income tax exempt charitable organization status from the Australian Taxation Office, this is not relevant for the charitable purposes exemption in the Local Government Act.

CONCLUSION

It is therefore recommended that Council declines the request for exemption from rating as the use of the land for yoga and meditation to all comers without following any continuous systematic programme of instructions, which has more of a recreational flavour to it, seems remote in objects, organization and procedure from anything which may be supposed to fall within the denotation of the expression ‘education’.


RECOMMEND

That Council declines the application received from Shri Ram Chandra Mission Australia on A239380 Lot 30, Champion Drive, Seville Grove under S6.26 (g) of the Local Government Act and advises them of their right of appeal.

Moved

MOTION CARRIED/LOST ( )
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