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State of Gujarat - Section

Section 119 in Gujarat Public Trusts Act, 2011

119. Power to make rules.

(1)The State Government may, by notification in the Official Gazelle, make rules for carrying out the purposes of this Act.
(2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely
(a)the qualifications of the Director and Assistant Directors of Accounts, Inspectors and the officers appointed under section 7;
(b)the powers, duties and functions of the officers other than the Charity Commissioner, Deputy and Assistant Charity Commissioner appointed under this Act in addition to those provided for in this Act;
(c)the conditions of service of all officers specified under section 9;
(d)the limits of regions and sub-regions to be prescribed under section 16;
(e)the books, indices and registers to be kept and maintained in a Public Trusts Registration Office, and the particulars to be entered in such books, indices and registers under section 19;
(f)the form in which an application for the registration of a public trust is to be made and the fees to be paid for the same, the other particulars to be entered therein and the manner in which an application for such registration to be signed and verified and the value and kind of trust property in respect of which it shall not be necessary to give particulars and the form of Memorandum and the manner in which such Memorandum to be signed and verified under section 20;
(g)the manner in which an inquiry has to be made by the Deputy or Assistant Charity Commissioner under sections 21 and 44;
(h)the form in which the trustee has to make a report regarding the change under sub-sections (1) and (2) of section 24, and the manner of holding an inquiry under sub-section (3) of the said section;
(i)the book in which the Deputy or Assistant Charity Commissioner shall make an entry under section 25;
(j)the form of memorandum to be sent by the Deputy or Assistant Charity Commissioner under section 29;
(k)the amount of annual income of a public trust exceeding which it is liable to prepare and submit budget; and the forms of such budget, under sub-section (1) section 33;
(l)the form of account and particulars to be entered in the accounts under section 34 and the fees to be paid for special audit under section 35(4);
(m)the manner in which the Charity Commissioner shall communicate his decision under sub-section (2) of section 38;
(n)the form register of movable or immovable properties of public trust under sub-section (1) of section 40;
(o)the form of register to be kept under sub-section (4) of section 47;
(p)the manner of making an application to frame the scheme under sub-section (1) of section 54;
(q)the form of account to be submitted under sub-section (2), and the manner of passing order under sub-section (3) of section 56;
(r)the time within which trustees may apply to the tribunal for directions under sub-section (1) of section 57;
(s)the conditions and restrictions subject to which the committee shall deal with the property under sub-section (2) of section 63;
(t)the honorarium or fees and allowances to be paid to the Chairman, treasurer and members of a committee under subsection (2) of section 67 and the manner in which such honorarium or fees and allowances shall be paid;
(u)the interval at which a committee shall meet and the procedure it shall follow under section 68;
(v)the terms and conditions as to service on which secretary and officers of a committee may be appointed under section 71;
(w)the fund from which the sums payable to Secretary, officer and employee of committee under clause (c) of sub-section (2) of section 71;
(x)the rules to exempt any sum of endowment or class of endowments under sub-section (2)(b) of section 76 and the manner in which the custody and investment of and the disbursement and payment from the Management Fund and the credit of accounts of the Fund shall be regulated under section 76;
(y)the date on which and the manner in which every public trust shall pay the annual contribution under section 82 and the deductions to be allowed under the Explanation to sub-section (1) of that section, and the manner of obtaining the decision of State Government on whether or not, a trust falls in any of the exempted class of public trusts under sub-section (3) of that section;
(z)the manner in which the custody and investment of the money to be credited to the Public Trusts Administration Fund and the disbursement and payment therefrom under section 85;
(za)the procedure to be followed by the tribunal under sub-section (3) and the other powers of the tribunal under clause (d) of sub-section (4) of section 96;
(zb)the form of notice in respect of reconstructed record under subsection (1) of section 108;
(zc)any other matters which are to be or may be prescribed under this Act.
(3)All rules made under this section shall be subject to the condition of previous publication:Provided that if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispense with the previous publication of any rule to be made under this section.
(4)All rules made under this Act shall be laid for not less than thirty days before the State Legislature as soon as may be after they arc made, and shall be subject to such rescission or modifications as the State Legislature may make during the session in which they are so laid or the session immediately following. Any rescission or modifications so made shall be published in the Official Gazette, and shall thereupon take effect on and from the date of their publication: