Transferring one school from a society to another society

Esha Bansal (Querist) 03 June 2020 This query is : Resolved
hi
I have two schools running under one society, I need to transfer one school to another society. how is it possible? if anyone can answer or guide that would be of great help.

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Quick Summary

Transferring a school from one society to another involves navigating specific legal and procedural steps. It's crucial to consult your society's bye-laws, as they often outline the process for handing over an institution, including its assets and liabilities, to another society with similar aims. You'll likely need approvals from the Income Tax department and the Registrar of Societies, as well as a two-thirds majority vote from the members of both societies involved. Seeking advice from a local lawyer with all relevant documents is highly recommended for professional guidance.

Raj Kumar Makkad (Expert) 03 June 2020
You might have gone though the bye-laws of your society, wherein one of the terms is that in case the society finds itself unable to run the institution run by it, it shall pass a resolution and shall hand over its affairs with all its assess and liabilities to another society having the same aims and objects and shall be entitled to take back, when it finds itself to run again at any time.

Accordingly apply your own bye-laws permitted in the law. Every State has heir its own Societies Registration Act. In which State, the said school is running?

Rajendra K Goyal (Expert) 03 June 2020
Please go through the bye laws of the society and proceed accordingly.

kavksatyanarayana (Expert) 03 June 2020
No alternations, amendments or modifications to the Memorandum & Articles of Association of the Society shall be made unless it is voted by two-thirds of the Members present at a General Body meeting convened for this purpose and all Amendments shall be made with the prior approval of the Commissioner of Income Tax having jurisdiction over the Society. Similarily the other Society shall also approve with a two-thirds majority for the purpose. After the same amendments shall be filed before the Registrar of Societies of your District.

Rajendra K Goyal (Expert) 04 June 2020
Agree the prior approval from Income Tax officer is required for such process.

Raj Kumar Makkad (Expert) 04 June 2020
Not only the permission of the Income Tax authority but also the Registrar of the Societies shall be required.

P. Venu (Expert) 04 June 2020
A "Society" cannot but be an organisation formed by a group of people for a common purpose. It is inherent that the said organisation would be jointly. How you claiming ownership of the School and/or the Society?

Rajendra K Goyal (Expert) 05 June 2020
One school can be transferred to other society within the framework of trust by-laws.

Permissions from Income Tax is necessary.

Dr J C Vashista (Expert) 06 June 2020
Commercial Query.
Show the Memorendum of Association and Articles of Association of the Society which intends to sell / transfer one of the two schools to another Society to a local lawyer for professional advise.

Raj Kumar Makkad (Expert) 06 June 2020
The question of sale of one school to another can never find place in the bye-laws of the society but general provisions shall definitely be there and those are required to be used to have the solution to the present issue.

Rajendra K Goyal (Expert) 06 June 2020
What is the reason of such proposal?

What type of society is it Charitable, literary, scientific or otherwise?

Raj Kumar Makkad (Expert) 07 June 2020
After such conflicting views here, better to avail the specialized services of a local lawyer and consult with him with the entire relevant documents which we don't have here.

Rajendra K Goyal (Expert) 07 June 2020
If the author is not comming with required facts, it is again advised to consult local lawyer show him the by-laws and proceed as per his advice.

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