Transfer of school permissions from society to trust

Vijaya Bhaskar (Querist) 20 January 2024 This query is : Resolved
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.

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Quick Summary

A society running a school wishes to dissolve and transfer its educational institution permissions to a willing trust. The trust also holds the required 12A/80g registrations. The key question is whether the education department will allow the transfer of the existing permission to the trust, ensuring continuity for students and staff. Advice suggests obtaining approval from the Income Tax Department first, followed by general body approvals from both entities, and finally seeking permission from the District Education Officer (DEO).

kavksatyanarayana (Expert) 20 January 2024
After obtaining permission from the Income Tax Department, both the society and Trust, in their General Body meetings approve taking and handing the assets, and liabilities, then permission from the DEO.

Vijaya Bhaskar (Querist) 20 January 2024
Do we need to apply for permission from DEO again sir or will the current permission granted to the society will be transferred in the name of trust.

kavksatyanarayana (Expert) 21 January 2024
It requires DEO permission.

Vijaya Bhaskar (Querist) 21 January 2024
Ok sir, will visit the office and find out.
Thanks for your responses

kavksatyanarayana (Expert) 21 January 2024
ok sir. welcome.................................................................

T. Kalaiselvan, Advocate (Expert) 21 January 2024
Well advised by the expert Mr. KAVK Satyanarayana, you may follow it.

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