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Queries Participated

Vijaya Bhaskar   06 February 2024 at 15:04

Destitute to stay at ngo premises

Dear Learned Experts,

I am seeking guidance on whether a registered religious institution has the authority to offer accommodation to destitute individuals on the premises of the Trust for either a specific period or for long-term rehabilitation purposes. The Trust is motivated by its objectives to provide support to those in need, and currently, there are approximately 4 to 5 destitute individuals for whom the Trust is willing to extend such accommodation.

I have several queries regarding this initiative:

Are there any permissions required for the Trust to provide accommodation to destitute individuals, whether for a specific period or long-term rehabilitation?

Is there any specific legislation that regulates the maintenance of destitute individuals, and does it impact the Trust's ability to offer accommodation?

In the case where destitute individuals are not educated, is it necessary to obtain a written declaration from them, and if so, how can this be facilitated?

Is there a requirement to inform the local police department or any government official about providing accommodation to destitute individuals?

I sincerely appreciate your expertise and would be grateful for any suggestions or guidance you can provide on these matters.

Vijaya Bhaskar   22 January 2024 at 10:24

Registration of incoming and outgoing trustees

Dear Learned Experts

Greetings!

A charitable Trust having four trustees have decided to resign due to their personal reasons at a time. In place of them two new trustees have been inducted. Is it mandatory to register the outgoing trustees also or only incoming trustees should be registered with the sub-registrar office. Also the the new trustees desire to amend certain clauses to the trust deed.

Pleases suggest is it mandatory to have all the trustees who are outgoing and incoming trustees to be present for the amendment of the trust deed?

Vijaya Bhaskar   20 January 2024 at 21:08

Transfer of school permissions from society to trust

Dear Learned Experts

There is a school having permissions to run educational institution from 1st std to 5th std. For personal reasons they wanted to dissolve the society.

As per the dissolution clause of the society , it is required to transfer the property after satisfying all the claims and liabilities remaining to transfer to another trust/society/association having similar objects and having 12a/80g.

There is a Trust having 12A/80g willing to take over the school. The society wants to transfer the property and other things to the trust having similar objects, 12/a and 80g.

I would like to know whether the education department permits the Trust to take over school including the transfer of permission granted to the society in the name of Trust provided that the children, staff etc will continue in the trust

Is there any procedure to be followed, Please suggest.

Vijaya Bhaskar   30 November 2023 at 17:37

Representation

Dear Sirs,

My friend who is a trustee was supposed to attend the hearing with the income tax department for the matters related to the 80G application, due to his brother in law sudden death he was not able to attend and he requested me to attend the proceedings. I hold a degree in Bachelor in Commerce. Accordingly, I attended the hearing and explained the situation to the CIT. I was asked by the CIT to submit a POA. Since I am not a Chartered Accountant will a POA in my name be valid?

I appreciate a format for POA would be helpful to submit the same to the Income tax department
Please suggest.

Vijaya Bhaskar   17 November 2023 at 17:28

Office bearers and resignations

Dear Sirs,

A society registered under the Karnataka Societies Act 1960 with nine members among whom the following are designated
1. President
2. Vice President
3. Secretary
4. Joint Secretary
5. Treasurer
6. Joint Treasurer
7. Executive Committee Member
8. Executive Committee Member
9. Executive Committee Member

In the above instance will sl no 1 to 6 be the office bearers or sl no 1,3 and 5 be the office bearers ( President, Secretary, and Treasurer)

Secondly, is it mandatory to authorize 1 to 6 for bank operations or only President Secretary, and Treasurer?

Thirdly, the society has only 9 members and all nine are on the executive committee. Do all 9 members also constitute a general body

Fourthly, out of 9 at least 5 members would like to resign due to their health and personal reasons, can we appoint new members in their place immediately in the same meeting by passing the resolution? Is it mandatory to first admit as members then induct to the membership and later to the executive committee.

Fifthly, should the resignation of executive members be passed in the executive committee meeting/general body meeting, or in the special meeting?

Does it create any problem to accept and appoint mass members in a single meeting? or what could be the best solution to avoid any complications in the future.

Appreciate your kind guidance in this matter


Vijaya Bhaskar   11 September 2023 at 23:24

Provding food and accommodation services

Dear learned Experts

An individual has bought land and constructed a conference hall, 6-8 rooms with bunkers, having kitchen, generator, etc. with permission from the gram panchayat. The hall is used for conducting training, and conferences along with food and accommodation with reasonable charges.

Is the individual required to obtain any permission from any authorities to run the center?
is the individual liable to deduct TDS for the payments received from the organisations that conduct trainings or conferences?

Please suggest



Vijaya Bhaskar   12 March 2023 at 22:28

Opening a bank account

Dear Learned Experts

An association is formed under the Karnataka Societies Act 1960. The association has conducted its Annual General Body Meeting and elected the Executive Committee Members and office bearers. It would be helpful to know whether the resolution for opening the bank account is to be passed at the AGM only or it should happen in the subsequent executive committee meeting

Your suggestion would be helpful.

Vijaya Bhaskar   11 December 2022 at 13:28

Resignation notice or withdrawal notice of a member

Dear Learned Experts

In a society, a treasurer would like to discontinue from society. He wanted to give a one-month notice dated 01-12-2022 as the AGM is scheduled for 31-12-2022. Also, his term comes to an end by the conclusion of the AGM.

Since his term is going to end on 31-12-2022 automatically, is it correct to mention a resignation notice or withdrawal notice?

Is it required to submit his resignation letter also though his term is going to end?

Please suggest.

Vijaya Bhaskar   09 December 2022 at 00:32

Bank resolution - agm or governing body of a society

Dear learned Experts
Authorized Signatories Resolution

Society is registered under the Karnataka Societies Act 1960.
Now, in the AGM the new president and new treasurer are elected. Hence, the change of office bearers must be intimated to the bank. whether AGM should pass the resolution in the AGM for authorizing the new authorized signatory (president and treasurer) or the governing body should pass the resolution in its meeting mentioning the date of AGM is conducted.

Vijaya Bhaskar   09 November 2022 at 16:41

Resignation and appointment at special general body meeting

Dear learned experts,
Can a President /Treasurer/Secretary resign in a special general body meeting or it must happen only in the annual general body meeting? what if any of the board members are not willing to continue until the annual general body meeting? can we accept such resignations or new admission in the special general body meeting? Appreciate your guidance