LexThe Tamil Nadu Vanniyakula Kshatriya Public Charitable Trusts and Endowments (Protection and Maintenance) Act, 2018.
Tamil Nadu · state statute
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TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUbLiShed by aUThoriTy
© [Regd. No. TN/CCN/467/2012-14.
goverNmeNT of TamiL NadU [R. Dis. No. 197/2009.
2018 [Price: Rs.13.60 Paise.
Part IV—Section 2
Tamil Nadu Acts and Ordinances
392-ex-iv-2—1
[241]
The following act of the Tamil Nadu Legislative assembly received the assent of the
President on the 27th November 2018 and is hereby published for general information:—
ACT No. 44 Of 2018.
An Act to provide for protection and maintenance of the public charitable
trusts and endowments created and administered by the persons or
organisations of Vanniyakula Kshatriya community in the State of
Tamil Nadu and for matters connected therewith or incidental thereto.
be it enacted by the Legislative assembly of the State of Tamil Nadu in the Sixty-ninth
year of the republic of india as follows:-
CHAPTER- I.
PRELIMINARY.
1. (1) This act may be called the Tamil Nadu vanniyakula Kshatriya Public charitable
Trusts and endowments (Protection and maintenance) act, 2018.
(2) it extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government may, by notification,
appoint.
Short title,
extent and
commence-
ment.
2. This act shall apply to all public charitable trusts and endowments created and
administered by the persons or organisations of vanniyakula Kshatriya community.
application of
the act.
3. in this act, unless the context otherwise requires,-
(a) “Administrative Officer” means an officer appointed by the Board under
sub-section (1) of section 34;
(b) “beneficiary” means a person or an institution for whose benefit a trust or
endowment is created and includes charitable objects and any other objects of public utility;
(c) “Board” means the board constituted under section 8;
(d) “Chief Administrative Officer” means the officer appointed under sub-section (1)
of section 19;
Definitions.
242 TamiL NadU goverNmeNT gazeTTe exTraordiNary
.
Tamil Nadu act
45 of 1994
(e) “Chairperson” means the chairperson appointed under clause (a) of
sub-section (1) of section 9;
(f) “charitable purpose ” includes relief of the poor, education, medical relief,
advancement of any other object of utility or welfare or the like purposes to the general
public or a section thereof;
(g) “Court” means,-
(i) in relation to a property of the trust and endowment
situated in the city of chennai, the chennai city civil court;
(ii) in relation to a property of the trust and endowment situated elsewhere,
the court of civil Judge (Senior division) having jurisdiction over the area in which the
property of the trust and endowment is situated, or if there is no such court, the district
court having such jurisdiction;
(iii) in relation to a property of trust and endowment situated within the
ambit of two or more courts, any court which would have jurisdiction as aforesaid in
relation to either all or any of such properties;
(h) “endowment” means all property given or endowed for the benefit of, or used
as of right by, the vanniyakula Kshatriya community or any section thereof for the support
or maintenance of objects of utility to the said community or section, such as rest-houses,
choultries, patasalas, schools and colleges, houses for feeding the poor and institutions for
the advancement of education, medical relief and public health or other objects of a like
nature; and includes the institution concerned;
(i) “Government” means the State government;
(j) “hereditary trustee” means the trustee of a charitable trust, the succession to
whose office devolves by hereditary right or is regulated by usage or is specifically provided
for by the founder, so long as such scheme of succession is in force;
(k) “member” includes the member, ex-officio; member Secretary and chairperson
of the board;
(l) “person interested” means any person who is entitled to receive any pecuniary
or other benefits from the trust or endowment and includes a person who is entitled to
attend or is in the habit of attending the performance of service or charity connected with
the institution or who is entitled to partake or is in the habit of partaking in the benefit of any
charity or the distribution of gifts thereat;
(m) “prescribed” means prescribed by rules;
(n) “Survey Officer” means an officer appointed under sub-section (1) of
section 4;
(o) “Trust” means a trust created by a person or group of organisation belonging
to Vanniyakula Kshatriya to fulfill charitable purposes as envisaged by the author of the
trust;
(p) “trustee or administrator” means any person appointed to manage or
administer any trust or endowment;
(q) “Vanniyakula Kshatriya”
means the community of v anniyakula Kshatriya
(including vanniyar, vanniya, vannia gounder, gounder or Kandar, Padayachi, Palli and
Agnikula Kshatriya), as notified by the Government under the T amil Nadu Backward
classes, Scheduled castes and Scheduled Tribes (reservation of seats in educational
institutions and of appointments or posts in the services under the State) act, 1993.
HP-40-Unnum-Act-2018 (306-8)
TamiL NadU goverNmeNT gazeTTe exTraordiNary 243
CHAPTER-- II.
LISTING Of PROPERTIES Of TRUST AND ENDOWMENT.
4. (1) The Government may, by order, appoint a Survey Officer not below the rank of
Tahsildar for surveying the properties belonging to the trust and endowment existing within
such area as may be specified in such order on the date of the commencement of this Act.
(2) The Survey Officer shall, after making such enquiry as may be necessary,
submit his report in respect of the properties of trust and endowment to the board containing
the following particulars, namely:-
(a) the number of trusts and endowments available in the area;
(b) the nature and object of the formation of each trust and endowment;
(c) the gross income from each trust and endowment;
(d) the amount of land revenue, charges and taxes payable in respect of
each trust and endowment;
(e) the expenses incurred by each trust and endowment; and
(f) such other particulars relating to each trust and endowment as may be
prescribed.
(3) The Survey Officer shall, while making any enquiry, have the same powers
as are vested in a civil court under the code of civil Procedure, 1908 in respect of the
following matters, namely:-
(a) summoning and examining any witness;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record from any Court or office;
(d) issuing commissions for the examination of any witness or accounts;
(e) making any local inspection or local investigation;
(f) such other matters as may be prescribed.
(4) if, during any such enquiry, any dispute arises as to whether a particular trust
or endowment is a private trust or endowment or public trust or endowment and there are
clear indications in the deed of trust or endowment as to its nature, the dispute shall be
decided on the basis of such deed.
(5) The Government may, by order, direct the Survey Officer to make a second
or subsequent survey of trust and endowment properties in any area and the provisions of
sub-sections (2),(3) and (4) shall apply to such survey as they apply to a survey directed
under sub-section (1):
Provided that no such second or subsequent survey shall be made until the expiry
of a period of twenty years from the date on which the report in relation to the immediately
previous survey was submitted under sub-section (2).
5. The board shall examine the report submitted to it under sub-section (2) of section 4
and publish in the Tamil Nadu Government Gazette, a list of properties of each trust and
endowment in the State.
Publication
of list of
properties
of trust and
endowment.
central act
v of 1908
Preliminary
survey of
properties
of trusts and
endowments.
244 TamiL NadU goverNmeNT gazeTTe exTraordiNary
disputes
regarding
properties
belonging
to trust and
endowment.
6. (1) If any question or dispute arises whether a particular property specified in
the list of properties belongs to a trust or endowment, any person interested therein may
institute a suit in a court for the decision of the question or dispute:
Provided that no such suit shall be entertained by the court after the expiry of one year
from the date of the publication of the list of properties belonging to trust and endowment.
(2) The Survey Officer shall not be made a party to any suit under sub-section (1) and
no suit, prosecution or other legal proceeding shall lie against him in respect of anything
which is done in good faith or intended to be done in pursuance of this act or any rules
made thereunder.
(3) The list of properties belonging to a trust or endowment shall, unless it
is modified in pursuance of a decision of the Court under sub-section (1), be final and
conclusive.
recovery of
cost of
survey.
7. (1) The total cost of making a survey including the cost of publication of the list
of properties belonging to trust and endowment under this chapter shall be borne by
the respective trust or endowment in proportion to the net annual income of the trust or
endowment as assessed by the Chief Administrative Officer.
(2) Notwithstanding anything contained in the deed or instrument by which
the trust or endowment was created, the trustee or administrator thereof may pay from
the income of the properties of the trust or endowment any sum due from the trust or
endowment under sub-section (1).
CHAPTER-III.
ESTABLISHMENT Of VANNIYAKULA KSHATRIYA PUBLIC CHARITABLE TRUSTS
AND ENDOWMENTS BOARD AND ITS fUNCTIONS.
incorporation.
composition of
the board.
8. (1) With effect from such date as the Government may, by notification, appoint in
this behalf, there shall be established by the name “vanniyakula Kshatriya Public charitable
Trusts and Endowments Board” or in such other name as may be specified in the notification.
(2) The board shall be a body corporate having perpetual succession and a
common seal with power to acquire and hold property and to transfer any such property
subject to such conditions and restrictions as may be prescribed and shall, by the said
name, sue and be sued.
9. (1) The board shall consist of,—
(a) a chairperson, who shall be a person belonging to the v anniyakula
Kshatriya community;
(b) the following members who shall belong to the v anniyakula Kshatriya
community, namely:-
(i) one person from among the retired Judges of the Supreme court
or high court or district court;
(ii) one person from the all india Service;
(iii) two persons from among the member of the Legislative assembly;
(iv) one person from among the trustees of trusts and administrator of
the endowments;
(v) one person representing vanniyakula Kshatriya community
organizations;
(vi) two eminent persons having good reputation in the field of legal
profession, auditing, business, education, engineering and industry;
(vii) two women who have served the cause of v anniyakula Kshatriya
community ;
TamiL NadU goverNmeNT gazeTTe exTraordiNary 245
(c) the following ex-officio members, namely:-
(i) Secretary to government, backward classes, most backward
classes and minorities Welfare department; and
(ii) commissioner or director of most backward classes and
Denotified Communities Welfare Department:
Provided that it shall not be necessary that the ex-officio members belong to
vanniyakula Kshatriya community.
(d) the member-Secretary.
(2) Subject to the provisions of this Act, the Government shall, by notification,
constitute or re-constitute the board, appointing the chairperson and the members from
such date as may be specified therein.
10. The Chairperson and every member of the Board shall hold office for such period,
not exceeding three years, as may be specified by the Government in this behalf.
T erm of office.
11. A person shall be disqualified for being appointed, or for continuing, as member
of the board other than the ex-officio members referred to in clause (c) of sub-section (1) of
section 9, if,
(i) he is less than twenty-one years of age;
(ii) he is found to be a person of unsound mind;
(iii) he is an un-discharged insolvent;
(iv) he has been convicted for an offence involving moral turpitude and such
conviction has not been reversed or he has not been granted full pardon in respect of such
offence;
(v) he has been on previous occasions,-
(a) served as a chairperson or member of the board for two terms.
explanation.- for the purpose of computing the period of two terms referred to in this
clause, the period during which a person held office either as a Chairperson or member or
as both shall be taken into account;
(b) removed from his office as a member or as a trustee or administrator of
any trust or endowment which is in the purview of the board; or
(c) removed by an order of a competent court from any position of any trust
or endowment either for mismanagement or for corruption.
Disqualification
for being
appointed, or
for continuing
as, a member
of the board.
12. (1) The board shall meet for the transaction of business at such time and place as
may be prescribed by regulations.
(2) The chairperson, or in his absence, any member chosen by the members
from amongst themselves, shall preside at a meeting of the board.
(3) Subject to the provisions of this act, all questions which come before any
meeting of the board shall be decided by a majority of votes of the members present, and in
the case of equality of votes, the chairperson or, in his absence, any other person presiding
shall have a second or casting vote.
meetings of the
board.
13. The quorum for any meeting of the Board shall be not less than fifty per cent of
members including chairperson, but excluding the number of vacancies.
Quorum.
committee of
the board.
14. (1) The board may, whenever it considers necessary, constitute either generally or
for a particular purpose or for any specified area, committees for supervision of the property
of trust or endowment;
(2) The constitution, functions and duties and the terms and conditions of office of
such committees shall be determined by the board:
Provided that it shall not be necessary for the members of such committees to be
members of the board.
246 TamiL NadU goverNmeNT gazeTTe exTraordiNary
resignation of
chairperson
and
members.
15. The chairperson or any other member, other than ex-officio member may, at any
time, by writing and addressed to the Government, resign from the office of the Chairperson
or member, as the case may be but shall continue in office until his resignation is accepted.
removal of
chairperson
and
members.
16. The Government may, by notification, remove the Chairperson of the Board or any
member thereof, other than ex-officio member, if he-
(i) is or becomes subject to any disqualification specified in section 11; or
(ii) refuses to act or is incapable of acting or acts in a manner which the
Government, after hearing any explanation that he may offer, considers to be prejudicial to
the interest of trust or endowment; or
(iii) fails, in the opinion of the board, to attend three consecutive meetings of the
Board without sufficient excuse.
filling of a
vacancy.
17. When the seat of chairperson or a member becomes vacant by his removal,
resignation, death or otherwise, a new chairperson or a new member shall be appointed in
his place and the Chairperson or such member shall hold office so long as the Chairperson
or member, whose place he fills would have been entitled to hold office, if such vacancy
had not occurred.
vacancies,
etc., not to
invalidate
proceedings
of the board.
18. No act or proceeding of the board shall be invalid by reason only of the existence
of any vacancy amongst its members, or any defect in the constitution thereof.
appointment of
chief admini
strative
Officer
and his term
of office and
other condi-
tions of
service.
19. (1) There shall be a Chief Administrative Officer of the Board not below the rank of
deputy Secretary to government who shall be a person belonging to vanniyakula Kshatriya
community, and shall be appointed by the government in consultation with the board.
(2) The term of the office and other conditions of service of the Chief Administrative
Officer shall be such as may be prescribed.
(3) The Chief Administrative Officer shall be the Member- Secretary of the Board
and shall be under the administrative control of the board.
Officers
and other
employees
of the board.
20. (1) For efficient performance of the functions of the Board under this Act, the Board
may appoint such number of officers and other employees as may be necessary, with the
permission of the government.
(2) The appointment, term of office and conditions of service of officers and other
employees shall be such as may be provided by the regulations.
21. (1) Subject to the provisions of this act and of the rules made thereunder and the
directions of the Board, the functions of the Chief Administrative Officer shall include—
(i) to investigate carefully the nature and extent of the properties of trust
and endowment and whenever necessary to call for an inventory of properties of trust
and endowment and to call for accounts, returns and informations from the trustee and
administrator;
(ii) to inspect or to cause inspection of property of trust and endowment and
accounts, records, deeds or related documents;
(iii) to do generally such acts as may be necessary for the control,
maintenance and superintendence of trust and endowment.
(2) in exercising the powers of giving directions under sub- section (1) in respect
of any trust or endowment, the board shall act in conformity with the directions found in the
deed of the trust or endowment.
(3) Save as otherwise expressly provided in this act, the chief administrative
Officer shall exercise such powers and perform such duties as may be assigned or
delegated to him under this act.
duties and
powers of
chief admini-
strativ
Officer.
TamiL NadU goverNmeNT gazeTTe exTraordiNary 247
22. (1) Where the Chief Administrative Officer considers that an order or resolution
passed by the board-
(i) has not been passed in accordance with the law; or
(ii) is in excess of, or is an abuse of, the powers conferred on the board by
or under this act or by any other law; or
(iii) if implemented, is likely to-
(a) cause financial loss to the Board or to the concerned trust or
endowment; or
(b) lead to a riot or breach of peace; or
(c) cause danger to human life, health or safety; or
(d) is not beneficial to the Board or to trust or endowment generally, he
may, before implementing such order or resolution, place the matter before the board for its
re-consideration.
(2) The board may constitute a committee under section 14 to consider the
aspects pointed out by the Chief Administrative Officer and on the suggestions of the
committee, the board may reconsider the matter or refer the matter to the government
along with the committee’s report, Chief Administrative Officer’s remarks and the order or
resolution of the Board and the decision of the Government thereon shall be final.
Power of chief
admini
strative
Officer in
respect of
orders or
resolutions of
the board.
23. The board may, by a general or special order in writing, delegate to the chairperson,
any other member, or any other officer or employee of the Board or any committee subject
to such conditions and limitations as may be specified in the said order, such of its powers
and duties under this act, as it may deem necessary.
delegation of
powers of
the board.
24. (1) Subject to the provisions of this act and of the rules made thereunder, the
Chief Administrative Officer may,-
(a) exercise all or any of the powers conferred on him by or under this act
with the previous approval of the board through the collector of the district in which the
concerned trust or endowment is situated or through any other responsible officer whom the
collector may appoint for such purpose;
(b) delegate, from time to time, any of his power to any collector or any such
officer appointed by him; and
(c) revoke at any time the delegation so made by him.
(2) Where any delegation of powers is made by the Chief Administrative Officer
under sub-section (1), the person to whom such delegation is made, may exercise those
powers in the same manner and to the same extent, as if they have been conferred on him
directly by this act and not by way of delegation.
chief admini
strative Officer
to exercise
powers
through
collectors,
etc.
Powers of
chief admini
strative
Officer to
inspect
records,
registers, etc.
25. The Chief Administrative Officer or any officer of the Board duly authorized by
him, shall subject to such conditions and restrictions as may be prescribed and subject
to the payment of such fees, if any, levied under any law for the time being in force, be
entitled at all reasonable time to inspect, in any public office, any records, registers or other
documents relating to a trust or endowment or movable or immovable properties which are
trust or endowment properties or are claimed to be properties of trust or endowment.
inspection of
records.
26. (1) The board may allow inspection of its proceedings or other records in its
custody and issue copies of the same on payment of such fees and subject to such
conditions as may be prescribed.
(2) All copies issued under this section shall be certified by the Chief Administrative
Officer of the Board in the manner provided in section 76 of Indian Evidence Act, 1872.
(3) The powers conferred on the Chief Administrative Officer by sub-section (2)
may be exercised by such other officer or officers of the Board as may either generally or
specially be authorized in this behalf by the board.
central act i
of 1872.
248 TamiL NadU goverNmeNT gazeTTe exTraordiNary
27. (1) Subject to any rules that may be made under this act, the general superintendence
of all trust and endowment shall vest with the board and it shall be the duty of the board
to exercise its powers under this act, as to ensure that the trust and endowment under
its superintendence are properly maintained, controlled and administered and the income
thereof is duly applied to the objects and for the purposes for which such trust and endowment
were created or intended:
Provided that in exercising its powers under this act, in respect of any trust or
endowment, the board shall act in conformity with the directions of the trust deed or the
documents through which the property was dedicated to charitable purposes.
Explanation.- for the removal of doubts, it is hereby declared that in this sub-section,
trust or endowment includes a trust or endowment in relation to which any scheme has been
made by any court of law, whether before or after the commencement of this act.
(2) Without prejudice to the generality of the foregoing power, the functions of the
board shall be-
(i) to maintain a record containing information relating to the origin, income,
object and beneficiaries of every trust and endowment;
(ii) to ensure that the income and the property of trust and endowment are
applied for the objects and for the purposes for which such trust and endowment were
intended or created;
(iii) to give directions for the administration of trust or endowment;
(iv) to settle schemes for management of trust and endowment:
Provided that no such scheme shall be settled without giving an opportunity of being
heard to the affected parties;
(v) to scrutinize and approve the budgets submitted by the trustee or
administrator and to arrange for auditing of accounts of the trust or endowment;
(vi) to appoint and remove the trustees and administrators in accordance with
the provisions of this act;
(vii) to take measures for the recovery of lost properties of any trust or
endowment;
(viii) to institute and defend suits and proceedings relating to property of any
trust or endowment;
(ix) to sanction any transfer of immovable property of any trust or endowment
by way of sale, gift, mortgage, exchange or lease in accordance with the provisions of this
act:
Provided that no such sanction shall be given, unless at least two thirds of the total
members of the board vote in favour of such transaction;
(x) to administer the v anniyakula Kshatriya Public charitable Trusts and endowments
(Protection and maintenance) fund;
(xi) to call for such returns, statistics, accounts and other informations from the trustees
or administrators with respect to the property of trust or endowment as the board may, from
time to time, requires;
Powers and
functions of
the board
TamiL NadU goverNmeNT gazeTTe exTraordiNary 249
(xii) to inspect or cause inspection of the property of trust and endowment,
accounts, records or deeds and documents relating thereto;
(xiii) to investigate and determine the nature and extent of trust and endowment
and its property and to cause, whenever necessary, a survey of the property of such trust
and endowment;
(xiv) to direct-
(a) the utilization of the surplus income of a trust and endowment consistent
with the objects of trust and endowment;
(b) in what manner the income of a trust or endowment, the objects of
which are not evident from any written instrument, shall be utilized for the benefit of poor
vanniyakula Kshatriya community for their economic, social, educational upliftment and
livelihood activities.
(c) in any case where any object of trust or endowment has ceased to
exist or has become incapable of achievement, that so much of the income of the trust or
endowment as was previously applied to that object shall be applied to any other object
which shall be similar, or nearly similar or to the original object or for the benefit of the poor
vanniyakula Kshatriya community for their economic, social, educational upliftment and
livelihood activities:
Provided that no direction shall be given under this clause without giving opportunity
of being heard to the affected parties;
(xv) generally do all such acts as may be necessary for the control, maintenance
and administration of trust and endowment.
(3) Where the board has settled any scheme of management under clause (iv) or
given any direction under clause (xiv) of sub-section (2), any person interested in the trust
or endowment or affected by such settlement or direction may institute a suit in a Court for
setting aside such settlement or directions and the decision of the said court thereon shall
be final.
(4) Where the Board is satisfied that any land belonging to trust or endowment
offers a feasible potential for development as a shopping centre, market, housing flats and
the like, it may serve upon the trustee or administrator of the concerned trust or endowment
a notice requiring him to convey its decision whether they are willing to execute such
development as may be specified in the notice within such time, but not less than sixty
days, as may be specified in the said notice.
(5) on consideration of the reply, if any, received to the notice issued under
sub-section (4), if the Board is satisfied that the trustee or administrator is not willing or is not
capable of executing the works required to be executed as specified in the notice, the Board
may, with prior approval of the government, take over the property, clear it of any building
or structure thereon, and execute such works from the funds of the trusts or endowments or
by raising funds on the security of the concerned trust or endowments property and control
and manage the properties, till such time as all the expenses incurred by the board together
with interest thereon, the expenditure on maintenance of such works and other legitimate
charges incurred on the property are recovered from the income derived from the property:
Provided that the board shall compensate annually the trustee or administrator of the
concerned trust or endowment to the extent of the average annual net income derived from
the property during the three years immediately preceding the takeover of the property by
the board.
(6) on recouping all the expenses as detailed in sub-section (5), from the income
of the developed property, the developed property shall be handed over to the trustee or
administrator of the concerned trust or endowment.
250 TamiL NadU goverNmeNT gazeTTe exTraordiNary
Powers of
inspection
by chief
adminis-
trative
Officer or
persons
authorized
by him.
28. (1) The Chief Administrative Officer with the prior approval of the Board either
himself or any other person authorized by him in writing in this behalf, may inspect all
movable and immovable properties, which are property of trust or endowment and all
records, correspondences, plans, accounts and other documents relating thereto, for the
purpose of examining whether, by reason of any failure or negligence on the part of the
trustee or administrator in the performance of his administration or administrative duties,
any loss or damage has been caused to the property of trust or endowment.
(2) Whenever any such inspection as referred to in sub-section (1) is made, the
concerned trustee or administrator and all officers and other employees working under him
and every person connected with the administration of trust or endowment shall extend all
such assistance and facilities as may be necessary and reasonably required by the person
making such inspection to carry out his work, and shall also produce any movable property
or documents relating to trust or endowment as may be called for by the person making the
inspection and furnish to him such information relating to trust or endowment as may be
required by him.
(3) Where after any such inspection, it appears that the trustee or administrator or
any officer or other employee who was working under him had misappropriated, misapplied
or fraudulently retained, any money or property of trust or endowment, or had incurred
irregular, unauthorized or improper expenditure from the funds of trust or endowment,
the Chief Administrative Officer may after giving reasonable opportunity to the trustee or
administrator to show cause as to why an order for recovery of the amount or property,
should not be passed against him, after considering such explanation, if any furnished by
him, determine the amount or the property, which has been misappropriated, misapplied or
fraudulently retained, or the amount of the irregular, unauthorized or improper expenditure
incurred by such person and make an order directing such person to pay the amount so
determined and to restore the said property to the trust or endowment, within such time as
may be specified in the order.
(4) The trustee or administrator or other person aggrieved by such order may,
within thirty days of the receipt of order by him, make an appeal to the court:
Provided that no such appeal shall be entertained by the court unless the
appellant first deposits with the Chief Administrative Officer, the amount which has been
determined under sub-section (3) as being payable by the appellant and pending disposal
of appeal, the court shall have no power to make any order of stay of the operation of the
order made by the Chief Administrative Officer under sub-section (3).
(5) The Court after taking evidence as it may think fit, may confirm, reverse, or
modify the order made by the Chief Administrative Officer under sub-section (3), or may
remit either in part, or in whole, the amount specified in such order and may make such
orders as to cost as it may think appropriate.
(6) The order made by the Court under sub-section (5) shall be final.
recovery of
the amount
determined
under
section 28.
29. Where any trustee or administrator or other person who has been ordered under
sub-section (3) or sub-section (5) of section 28 to make payment or restore possession
of any property, omits or fails to do so within the time specified in such order, the Chief
Administrative Officer with the prior approval of the Board, shall take such steps, as he may
think fit, to recover possession of the property aforesaid and shall also send a certificate
to the collector of the district in which the property of the trustee or administrator or other
person situate, stating therein the amount that has been determined by chief administrative
Officer or by the Court, as the case may be, under section 28, as being payable by the
trustee or administrator or other person, and thereupon, the collector shall recover the
amount specified in such certificate, as if, it was an arrear of land revenue and on the
recovery of such amount, pay the same to the Chief Administrative Officer who shall credit
the amount to the funds of the concerned trust or endowment.
TamiL NadU goverNmeNT gazeTTe exTraordiNary 251
CHAPTER-IV.
REGISTRATION Of TRUST AND ENDOWMENT.
central act
v of 1908
30. (1) every trust and endowment, whether created before or after the commencement
of this Act, shall be registered at the office of the Board.
(2) application for registration shall be made by the trustee or administrator of
trust or endowment:
Provided that such application may be made by trust or endowment or a
beneficiary of it or the descendants of the testator or any person belonging to Vanniyakula
Kshatriya community.
(3) an application for registration shall be made in such form and in such manner
and at such place as the board may by regulation provide from time to time and such
application shall contain the following particulars:-
(a) description of trust or endowment sufficient for identification thereof;
(b) annual gross income from property of trust or endowment;
(c) the amount of land revenue, cesses, rates and taxes payable annually for
the property of trust or endowment;
(d) an estimate of the expenses annually incurred in realization of the income
from the property of trust or endowment;
(e) the amount set apart for the following:-
(i) the salary and other allowances to the officers and other employees
of trust or endowment,
(ii) for charitable purposes,
(iii) for the beneficiaries, and
(iv) for such other purposes;
(f) any other particulars as may be prescribed by the board by
regulation.
(4) Such application shall be accompanied by a copy of trust deed or will, or if no such
deed has been executed or a copy thereof cannot be obtained, shall contain the particulars
as far as they are known to the applicant, of the origin, nature and object of the trust or
endowment; and particulars regarding beneficiaries, if any.
(5) Such application made under sub-section (2) shall be signed and verified by the
applicant in the manner provided in the code of civil Procedure 1908, for the signing and
verification of the pleadings.
(6) The board may require the applicant to supply any further particulars or information
that the board may consider necessary.
(7) The board may, on receipt of application for registration, make such enquires as
it thinks fit in respect of genuineness and validity of the application and correctness of the
particulars therein and when the application is made by any person other than the person
administering the trust or endowment, and shall hear him if he desires to be heard.
(8) in the case of trust or endowment created before the commencement of this
act, every application for registration shall be made, within three months from such
commencement and in the case of trust or endowment created after such commencement,
within three months from the date of creation of trust or endowment.
registration
of trust and
endowment.
31. The board shall maintain a register of trust and endowment, with such particulars
as may be provided by regulations.
register of
trust and
endowment.
252 TamiL NadU goverNmeNT gazeTTe exTraordiNary
decision as
to whether
a property
is trust or
endowment.
32.(1) Where the board has reason to believe that any property of any trust or
endowment, is a vanniyakula Kshatriya Public charitable Trust or endowment, the
board may, notwithstanding anything contained in any act, hold an enquiry in regard to
such property and, if after such enquiry, the Board is satisfied that such property is trust
or endowment property, call upon the trust or endowment, as the case may be, either to
register such property under this act as vanniyakula Kshatriya Public charitable Trust or
endowment or show cause why such property should not be so registered:
Provided that in all such cases, notice of action proposed to be taken under this
sub-section shall be given to the authority by whom the trust or endowment had been
registered.
(2) The board shall, after duly considering such cause as may be shown in
pursuance of notice issued under sub-section (1), pass such orders as it may think fit
and the order so made by the Board shall be final, unless it is revoked or modified by a
competent court under this act.
Power to
cause
registration
of trust and
endowment
and to
amend the
register.
33. The board may direct the trustee or administrator to apply for the registration of
trust or endowment and to supply any information regarding a trust or endowment or may
itself cause the trust or endowment to be registered or may at any time amend the register
of trust and endowment.
CHAPTER-V.
ADMINISTRATION Of TRUST AND ENDOWMENT.
34. (1) Notwithstanding anything contained in this act, the board may, if it is of the
opinion that it is necessary so to do in the interests of trust or endowment, appoint an
Administrative Officer, on whole time or part-time basis with salary or in honorary capacity,
with such terms and conditions as may be specified therefor:
Provided that the person to be chosen as Administrative Officer should be a person
from vanniyakula Kshatriya community.
(2) The Administrative Officer so appointed under sub-section (1) shall exercise
such powers and discharge such duties pertaining to the administration of the property of
trust or endowment for which he has been appointed and shall exercise those powers and
discharge those duties under the direction, control and supervision of the board.
(3) The salaries and allowances of the Administrative Officer and his staff shall
be fixed by the Board having due regard to the income of the trust or endowment and the
nature of the duties of the Administrative Officer and his staff.
(4) The salaries and allowances of the Administrative Officer and his staff shall be
paid by the board from its fund and if the trust or endowment generates any additional income
due to the appointment of the Administrative Officer, the Board may claim reimbursement of
the amount spent towards the salaries and allowances from the fund of the concerned trust
or endowment.
(5) The Board may, for sufficient reasons and after giving a reasonable opportunity
of being heard to the Administrative Officer or a member of his staff, remove or dismiss the
Administrative Officer, or a member of his staff from his post.
(6) Any Administrative Officer or a member of his staff who is aggrieved by any
order of removal or dismissal made under sub-section (5) may, within thirty days from the
date of communication of the order, prefer an appeal against the order to the court and the
court may, after considering such representation as the board may make in the matter, and
after giving a reasonable opportunity to the Administrative Officer or a member of his staff
of being heard, confirm, modify or reverse the order.
board to
appoint
administrative
Officer for
trust or
endowment.
TamiL NadU goverNmeNT gazeTTe exTraordiNary 253
35. (1) The Board shall, if it is satisfied that the objects or any part thereof, of a trust
or endowment have ceased to exist, where such cessation took place before or after the
commencement of this Act, cause an inquiry to be held by the Chief Administrative Officer,
in the prescribed manner, to ascertain the property and funds pertaining to such trust or
endowment.
(2) On receipt of the enquiry report of the Chief Administrative Officer, the Board
shall pass an order—
(a) specifying the property and funds of such trust or endowment;
(b) directing that the property and funds of such trust or endowment which
have been recovered shall be applied or utilized for the renovation of trust or endowment
and when there is no need for making any such renovation or where the utilization of the
funds for such renovation is not possible, be appropriated, to any of the purposes specified
in sub-clause (c) of clause (v) of sub-section (2) of section 27.
(3) The board may, if it has reason to believe that any building or other place
which was being used for charity has, whether before or after the commencement of this
act, ceased to be used for that purpose, make an application to the court for an order
directing the recovery of possession of such building or other place.
(4) The Court may, after making such enquiry as it may think fit and satisfied that
such building or other place,—
(a) is the property of trust or endowment;
(b) has not been acquired under any law for the time being in force relating
to acquisition of land or is not under any process of acquisition under any such law, or has
not vested in the government under any other law for the time being in force relating to land
reforms; and
(c) is not in the occupation of any person who has been authorized by or
under any law for the time being in force to occupy such building or other place, make an
order,-
(i) directing the recovery of such building or place from any person
who may be in unauthorized possession thereof, and
(ii) directing that such property, building or place be used for charitable
purpose or instruction as before, or if such use is not possible, be utilized for any purpose
as given in sub-clause (c) of clause (v) of sub-section (2) of section 27.
board to cause
enquiry in
relation
to trust or
endowment.
36. (1) in case of any change in the management of a registered trust or endowment
due to death or retirement or removal of the trustee or administrator, the incoming trustee
or administrator shall forthwith, and any other person, may cause notice of the change to
the board.
(2) in case of any other change in any of the particulars mentioned in section 30,
the trustee and administrator shall, within three months from the date of occurrence of the
change, cause notice of such change, to the board.
change in the
manage ment
of trust and
endowment
to be
informed.
254 TamiL NadU goverNmeNT gazeTTe exTraordiNary
CHAPTER-VI.
BUDGET Of TRUST AND ENDOWMENT.
budget of
trust or
endowment
not under
direct
manage-
ment of
board.
37. (1) every trustee or administrator of trust or endowment shall prepare a budget
for the next financial year showing the estimated receipts and expenditure in such form as
may be specified.
(2) every trustee or administrator of trust or endowment shall submit such budget
at least ninety days before the beginning of the financial year to the Board and shall make
adequate provision for the following:-
(i) for carrying out the objects of the trust and endowment;
(ii) for the protection and maintenance of the properties of trust and
endowment;
(iii) for discharge of all liabilities and subsisting commitments binding on the
trust or endowment under this act or any other law for the time being in force.
(3) for making alterations, omissions or additions in the budget as it may deem
fit, the Board may give such direction consistent with the objects of the trust or endowment
and the provisions of this act.
(4) If in the financial year, the trustee of trust or administrator of endowment
finds it necessary to modify the provision made in the budget in regard to the receipt orExcerpt shown. Open the full act in Lexace.