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State of Gujarat - Section

Section 89 in Gujarat Public Trusts Act, 2011

89. Power to direct amalgamation and re-organisation of trusts in public interest.

(1)Where the Charity Commissioner is satisfied that it is essential in the public interest or for the purpose of securing proper management of any trust that two or more trusts should be amalgamated or that any trusts should be re-organised, then notwithstanding anything contained in section 88 but subject to the provisions of this section, the Charity Commissioner may. after consulting such trusts, may by order published in the Official Gazelle, provide for the amalgamation of these trusts Into a single trust or, as the case may be, for the re-organisation of that trust, with such constitution, property rights, interests and authorities, and such liabilities, duties and obligations as may be specified in the order. Such order may also provide for the constitution of the Committee of Management or any other committees of such amalgamated, or re-organised trust and the persons who shall be, or continue to be the officers of such trust and the period after which such committee or committees may be re-constituted.
(2)No order shall be made under this section unless,-
(a)a copy of the draft of the proposed order has been sent to the trust or each of the trusts concerned;
(b)the Charity Commissioner has considered suggestions and objections if any received either from the trust or from any member or class of members thereof within such period (not being less than one month from the date on which the copy of the order as aforesaid was received by the trust) as the Charity Commissioner may fix in that behalf, and has, if necessary, modified the same in the light of such suggestions and objections.
(3)The order referred to in sub-section (1) may contain such incidental, consequential and supplemental provisions as may, in the opinion of the Charity Commissioner, be necessary to give effect to the amalgamation or re-organisation.