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State of Gujarat - Section

Section 54 in Gujarat Public Trusts Act, 2011

54. Power of Charity Commissioner to frame, amalgamate or modify schemes.

(1)Notwithstanding anything contained in section 5% where the two or more persons having interest in a public trust make an application to him in writing in the prescribed manner that, in the interest of the proper management or administration of a public trust, a scheme should be settled for it or where the State Government so directs, the Charity Commissioner may, if, after giving the trustees of such trust due opportunity to be heard, satisfied that it is necessary or expedient so to do, frame a scheme for the management or administration of such trust.
(2)Where the Charity Commissioner is of the opinion that in the interest of the proper management or administration, two or more public trusts may be amalgamated by framing a common scheme for the same, he may, after -
(a)publishing a notice in the Official Gazette, and also if necessary in any newspaper which, in the opinion of the Charity Commissioner, is best circulated to bring to the notice of persons likely to be interested in the trust with a wide circulation in the region in which the trust is registered, and
(b)giving the trustees of such trusts and all other interested persons due opportunity to be heard, frame a common scheme for the same.
(3)The Charity Commissioner may, at any time, after hearing the trustees, modify the schemes framed by him under sub-section (1) or sub-section (2).
(4)The scheme framed under sub-section (1) or sub-section (2) or modified under sub-section (3) shall, subject to the decision of the tribunal under section 97, have the effect as a decree of a court.