WHEN A CHARITY COMMISSIONER OR REGISTRAR OF SOCIETIES APPOINTS AN ADMINISTRATOR TO RUN THE AFFAIRS OF A TRUST OR SOCIETY DESCRIBED UNDER LAW CODE MANUAL OF THE PROVISION MADE :--

When a charity Commissioner or Register of Societies appoints an administrator to run the affairs of a Trust or Society, or have nominees who are Government servants as mentioned earlier in the proceedings,besides performing their duties as nominees , are also subject to the government directions to exercise control. There is an additional view at this juncture .It is therefore evident that as per section 2(h) (I) body substantially financed would be a body where  neither the ownership nor the control may lie with the Government . The wording substantially financed would hence have to be given meaning at less than 51 percent holding. There is an additional view at this juncture. Companies law gives significant rights to those who own 26 percent of the shares in a company. No special resolution may be passed unless 75 percent of the shareholders agree .Thus 26 percent holding represents control , On the other hand section 2(6) of the Company law defines " associate  company" In relation to another company as (6)" associate company" , in relation to another company, means a company in which that other company has a significant influence, bit which is not a subsidiary company of the company having such influence and includes a joint venture company. EXPLANATION:-- For the purposes of this clause  " significant influence" means control of atleast twenty percent of total share capital,or of business decisions under an agreement.

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