Applicability of Rajasthan Public Trust Act, 1959 to Section 8 Company

Hi everyone.

Would like to request your clarification on the following query:

Whether the Rajasthan Public Trust Act, 1959 is applicable to a Section 8 Co. having its registered office in Rajasthan and whether it is possible to get final/regular 12AB & 80G registrations without registration under this act.

Thanks & Regards

No, there is no registration requirement for a S8 company under Raj Public Trust Act. The Act registers and regulates public trust and society only with Devasthan Department in the state. Since there is no compliance requirement for S8 company under the Act, the regular 12A and 80G registration/approval will not face a hurdle.

CS Sharad Bhargava

Thanks a lot Sharad sir

Regulation of Companies is in the Union list of Constitution of India. Therefore, Only GOI can make laws regarding its regulation. State laws may not apply for this reason, too.