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Rajesh Bhaskaran   24 March 2023

Changing of educational society of a school

Dear sir/madam,

I  along with 9 members registered an educational society under societies registration act in Telangana State in 2019 and I am running a school under the same society. Now, I (and all members of the society) want to give the school to another society (the new society will be registered soon). What is the entire process for this? Is there any process in the educational department (ie., DEO office or RJD)? Is submitting audit report to the IT department enough to get permission  from the same department ?

The old society is registered under EPFO. And the new society is not going to register under EPFO. What will happen to the EPF registration of the old society (as there will not be employees under the old society after the transfer of the school to the new society) ?I s it necessary to close the old society ?

Looking forward to hearing your valuable advice.

Thanks

Sincerely

Rajesh E B 

 

 



Learning

 4 Replies

RAKESH ISHI   24 March 2023

The transfer of a school from one society to another is a complex process and involves various legal, regulatory, and administrative requirements. Here are some steps that you can follow:

  1. Obtain consent from all the members of the existing society: As the school is owned by the society, it is essential to obtain the consent of all the members of the existing society before transferring the school to the new society. This can be done by holding a meeting of the society and passing a resolution to transfer the school.

  2. Create a new society: The new society should be registered under the Societies Registration Act or any other applicable law. The registration process typically involves submitting an application, along with the necessary documents and fees, to the concerned authority.

  3. Transfer of assets and liabilities: The assets and liabilities of the school, including its infrastructure, staff, students, and other resources, should be transferred to the new society. The transfer should be done through a legal agreement or deed, which should be signed by the authorized representatives of both the societies.

  4. Inform the relevant authorities: The transfer of the school should be intimated to the relevant authorities, including the Department of Education, the District Education Officer (DEO), the Regional Joint Director (RJD), and any other applicable regulatory bodies.

  5. Compliance with tax and regulatory requirements: The old society should file its tax returns, including the audit report, with the Income Tax Department. The new society should also register for taxes, such as GST, and comply with other regulatory requirements, such as those related to education, labor, and environment.

  6. Closure of the old society: If the old society is no longer required, it should be dissolved or wound up as per the provisions of the Societies Registration Act or any other applicable law.

It is advisable to consult a legal professional or a chartered accountant who specializes in education sector compliance for proper guidance and support throughout the transfer process.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 March 2023

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.

 

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Sri Krishna   25 March 2023

Dear Rakesh Ishi,

Sir, can you please explain how to intimate the relevant authorities about the transfer of school ?

Is there any particular process like application or written letter to the DEO and RJD ?

Waiting for your valuable reply.

Thanks

Sincerely

Rajesh E B 

RAKESH ISHI   25 March 2023

Yes, there are typically specific processes for submitting applications or written letters to the District Education Officer (DEO) and the Regional Joint Director (RJD). The exact process may vary depending on your location and the specific circumstances

Submit the application form or letter as directed. This may involve submitting it online, by mail, or in person at the relevant office.

 

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