LexThe Pachaiyappa’s Trust (Taking over of Management) Act, 1981
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The Pachaiyappa's Trust (Taking Over of Management) Act, 1981
Act 11 of 1981
Keyword(s):
Board of Trustees, Pachaiyappa Trust, Pachaiyappa's Trust Scheme
Amendments appended: 66 of 1981, 22 of 1985, 14 of 1986, 9 of 1987, 56 of
1987, 57 of 1987, 13 of 1988, 17 of 1991, 10 of 1992, 60 of 1994
-- .
-- .
1981: T.N. Act 111 Pachaiyappa's Trilst (Taking 151
over of Mawgemmt)
I TAMIL NADU ACT NO. 11 OF 1981 .* ld./ll
"iy
THE PACHAWAPPA'S TRUST (TAKING OVER OF
MANAGEMENT) ACT, 198 1.
[Received the assent of the President on the 3rd March 198 1,
first published in the Tamil Nadu Government Gazette
Extraordinary, on the 3rd March 1981 (Masi 20,
Rowthiri-2012-Thiruvalluvar Aandu) . ]
An Act to provide for the taking over of the management of the
Pachaiyappa's trust and for matters connected therewith. /I
WHEREAS it has been brought to the notice of the
State Government that the Board of Trustees of the Pad,.-; -
yappa's trust has, for the past few years, committed irregu-
larities in the management of the charities and institutions
(including educational institutions) and properties under
its control ;
WHEREAS it has been brought to the notice of the State
Government that the members of the present Board of
Trustees of the Pachaiyappa's trust have also committed
irregularities in the management of the charities (including
educational institutions) and properties under its control;
AND WRBREM it has beenreprese~ted to the State Govern- i 'i
ment that the continuance of the management of the
pachaiyappa's trust by the present Board of Trustees will
not proper in the public interest ;
AND WHEREAS the State Government have aft cr careful
consideration taken a policy decision that for a limited
pried the management of the Pachaiyappa's trust should
be taken over by the State Government in the public
interest and in order to secure the proper management
of the pachiyappa's trust and that for this purpose the
powers, duties and functions exercised and pformed by
tb Board of Trustees should or: exercised and performed
by the Government either directly or through a Committee
of management appointed by the Government ;
AND WEREAS any delay in taking over the management of
the pacwyappa's trust would highly be determental to
I the interests and objects of the said trust ;
-1.
+]For S-ment of Objects and Reasons, see TamilNadu Governmet t
Extraordinary, dated the 9th February 1981, Part 1 V- . .., .-
section 1, pages 91- 92*
5z Pacnaj~appa's Trust ( Taking [ 1981 T.N.' :~~t 1 i
over of Management)
I I Be it enacted by the Legislature of the State of ~&j Nab ,
~
in the Thirty-second Year of the Republic of ]q&.
+ r: {r. L
follows :--- i L
lit'' and 19 (1) This Act may be called the PacbiYa$$a's.'~rrisi ' commence-
ment. (Taking over of Management) Act, 1981, ! :j' *'$+:t4. l. :"
I
I
(2;) It shall be deemed to have come into force on
the 2211d December' 1980.
.r i .I
I
D~finiti on#. + +,
., If
2* In this Acts u41,k~s' the context otherwise resuiibi:, . . , *. .
, -
. * . -
& 1
El
(a) " hard of hstees" means the ~oard .&Trustee;
mentioned in 'the scheme for the Pachaiyappa's; trust settled
and approved by the High Court of Judicature+atl~a&&
on the 12th day of February 1909 as subs~quently'~~fie~
I by the High Court ; I e ..-
1 I
(b) " (.overarnent"means the State Governqeent ; .
Vesting of
I manage-
lment of
Pachai-
yappa's
trul t ,
(c) '' Pa~haiyappa's trust" means the trust ji$&w
Pachaiyappa's charities (includi~~ educatiohal , iiitititu ..
lions) and properties under its control, and gove&d ,by
the scheme settled md approved by the ~igh%~& b~
Judicatum at ~adr& on the 12th day of FebruaFy' ig09 '
as subsequently modified by the High: Court ,> o . -;
, I,.-..
(d) " Pachai yappaVs trust scheme" means tf;e$c&&e
for the Pachaiyappa's trust settled and bj:tu High Court of Judicature at Madras on the 12* '& February 1903 as subsequen t:y modified by the Hi& Courte
.. : f' I' '
-;A~ ), ;.i 3. (1) With effect on al~d from the date Of tb ,c.&m
mencement of this Act, the management ofthe Pac&Y8P.
pa's trust in SO far as it vests in the Board of T~@~~
under the Pacha~yappa's trust sch, shall in- th
1981 : T.N: Act 111 Pachaiyappus' Trust (Taking 153
or qr of Management)
h
BoRrnment for a period ofl[three years] and accordingly
$he powers, duties and functions exercised and performed
by the Board of Trustees shall for the said period be kxkfcised and performed by the Government . . either directly or through a Committee of manage-
ment sppointed under sub-section (2).
.. [(2) The Committee of management referred to in
b-section (1) shall consist of such number of officers of
!ti3
1
Government not exceeding five, as the Government
may, by notification, from time to time, appoint in this
i r
behalf.] 1
(3) The Committee of management shall, on behalf
1 of the Government, cxercise the powers and perform the duties and functions now exercises aad performed by the
Board of Trustees under the Pachaiyappa's trust scheme.
(4) The Government shall appoint one of the members
of the Committee of management as its Chairman.
4. (1) Notwithstsnding anything contained in any other Members of the Board of Act or in the Pachaipppa's trust scherne,eve~y person who Trustees to
oh the date of the commencement of this Act, is a member cease to hold
of thb Board of Trustees of the Pachaiyappa's trust shall office.
&&&to hold office as member of such Board.
- -
1 These words were st~bctituted for the words '"two years " by
rection 2 of the Pachaiyappa's Trvst (Taking over of Mana gement)
Amendmbt:Act, 1983 ' (Tamil Nadu Act 'l of 1983), which was
deemed to have come into force on the 19th Decemker 1982.
2 .This sub-section was substituted for the ,Collowing sub-section
by section 2 of the Pacliaiyappa's Trust (Taking over of~anagement)
Amendment Act, 1981 (Tamil Nadu Act 66 of 198 1) :-
1.
"(2) Ths ~ommitt'ee of management referred to in sub-section
(1) shall be appointed by the Government and shall c msist of the i
following officers as members of the said Committee :- i
(1) Director of Sports and Youth Services, Madras; ., 1 I (2) Joint Secretary to Government-TI, Home Department ; C
(3) Joint Secretary to Government, Law Department ;
I
(4) Deputy Secretary to Government, Fiilsncz Depa:tmsnr
, dealing with Collegiate Education files ; and
(5) Director of Collegiate Education, Madras,"
154 Pachaiyappa's Trust (Faking [1981: T.N. Act 11
over of Mmgemenj)
(2) During the period for winich the Committee of
management is exercising the powers andprforming tk
duties and functions exercised and pe ormed by the
Board of Trustees, no election under the Pr3chaiyappaPs
trust scheme shall be held to fill up any vacancy in the
Board of Trustees.
T~MU Over Of 5. The Government, or the Committee of management
PM)pa* ieS' '"* on be half of the Government, shall take all steps as may
be necessar y,t o efficiently manage and run the Pachaiyapp:g
trust in accordance with-
! (i) any law applicable to such trust ; and
(ii) the Pachaiyappa's trust scheme ;
in so far as such law or the scbme is not inconsistent with
this Act and the rules made thereunder and to take into
the custody or control of the Government all the property,
effects and actionable claims to which the Pachai yappa's
trust is or appears to be entitled, md all the property and
effects of the Pachaiyappa's trust shall be deemed to be
in the custody of the Government on the date of the com-
mencement of this Act :.
Provided that the Goverumnt or the Committee of
management shall not be bound by aoy liability ipcurred '
I
,by the Board of Trustees prior to the &te ofthe ooaimene
i
I I
ment of this Act and no such liability shall bc eqforced
t I
i' I
by any court whether in cxeoution of a decrw or otherwise
against the Government or the Committee of mm
I I
I mat:
Provided fwther that in computi
limitat 1011 for a suit,or any application 11 I< of the decree, the time dumg whiah
1
I
' ,
attachment, injunction or or&, tho enfo
, is barred under this section shall ba excl
% I
plrarrlty br .not handind
OICTttCOf S
qad other
propettias of Pachai-
Yappa's
ZnMt.
Explmtion.-For the pur se d t his section, the cxp
ression " law " includes any %" y-law, rule. . replation or
any scheme, custom or usage.
6. ~otwithstandk~ anything wntained in any ofher law- . , . *
'
(a) every trustee of the Board of T~&S or an person working under its control shall, on demand,
over immediately any records and propcrtiesrelating
the Pachaiyappa's trust which are in, or have come in
his possession or control to an officer authorised b
Government in this behall ;
1981 : TJV. Act 111 ~achaiyappa's Trust (Taking 1 55
over of Management )
(b) if any trustee or any person working under the
Board of Trustees fails to comply with the provisions
of clause (a), he shall on conviction by a Metropolitan
Maqstrate or Judicial Magistrate of the first class, be
punrfihablo with imprisonment for a tern which may
extend to three years, or with fine which rnay extend to I
five thousand rupee:;, or with both.
7. (1) The provisions of this Act shall have effect not- Overriding
withstanding anythirig inconsistent therewith contained effect of Act. . in section 92 of the Code of Civil Procedure, 1908 (Central
Act V of 1908) or any other law for the time being in
force or the Pachaiyappa's trust scheme or any other
scheme settled under any law for the time being in force.
(2) If any provision contained in the Pachaiyappa's
trust scheme is repugnant to any provision contained in
this Act or the rules made thereunder, the fatter provision
shall prevail, and the former provision shall, to the extent
of repugnancy, be of no effect.
(3) For the removal of doubts, it is hereby declared
that the provisions of the Pachaiyappa's trust scheme
including the by-laws made thereunder except in so far as
they relate to the matters dealt with by this Act, shall
continue in force.
8. Within two months before the expiry of the period Reconsti-
of '[three years] specified in sub-section (1) of section 3, tution of
. the Government shall take all steps to hold election for Board of Tnl st ees the Board of Trustees in accordance with the Pachai- on the
yappa's trust schema so that the newly elected members expiry cf
may assume c ffice immediately after the expiry of the said Act.
period of three years.
9. No civil court shall have jurisdiction in respect of Bar of junsdl- any order passed by the Government or by the Com- &ionof
mittee of management, as the case may be, and no stay civil court.
or injunction shall be granted by a court in respect of any
action taken or to be taken by he Government or the
Committee of management, in pursuance of any power
conferred by or under this Act. -
1 These words were substituted for the words "two years" by
wtion 3 of the Pachaiyappa's Trust (Taking over ofhlanagement)
Amendment Act, 1983 (Tamil Nadu Act 7 of 1983), which wa,
deemed to have come into force on the 19th Decet#ber ;?Qq,
156 ~aihiiiyuipu's ~kst (~uiing . [19bl:. : T-N?AC~ 311
over of Management) '
Of 10. No suit, prosecution or other legal proceeding shall action taken
in good lie against the Government or a any officer of.t;htt G0vern.a
faith. ment or the Chairman or any member of the. Pmmittee
ob management for anything which is in good fqith : done
or intended to be done under this Act.
Construction Of 11. In the application of the Pachaiyappa's trust scheme, references to
Board of any reference to the Board of Trustees shall be conSfruSd,
Trustees. unless the contaxt otherwise requires, as a reference to the
Government 01- the ?qm~;+t?e of vanagement, as the case
may be. . a
Relinquish-
ment of 12. No twit hstanding anything contained in sub-section
manage- (1) of section 3, if at any time before the expiry 6f the
ment of period referred to in that sub-section, it appesrs.to the
Pachai- Government that the purpose of the vesting in the
yappa's trust. Government of the management of the Pachaiyap~a's trust
has been fulfilled or that for any other reason it is, nob
necessary that the management of the Pachaiyappa's trust
should remain vested in the Government, they:&y, by
order published in the Tamil Nad~ Governmeqt Ghsette;
relinquish the management of the Pachaiyappa's trust witb'
effect from such date as may be specified in the order.:
Provided that before making an order under this spctjon
the Oovernment shall take all steps to hold elerXion for
the Board of Trustees in accordance with the8 'Pwbd~
yappa's trust scheme so that the newly elected members 2
c *
may assume ofice with effect from the date specified'in
the order published in the Tamil Nadu Government Gazette.
right to 13, Notwithstanding anything contained in any law for compensa &run for premature the time being in force, no person who ceases to' hold
tormination of office as member of the Board of Trustees by reasbii OF the
of3co: ' provisions contained in sub-section (1) of sectidh $; slialk be
entitled to clairr any compensation for the loss:,af his
office.
Power to remove 14. (1) IT any difficulty arises in giving effect to the
difficulties. provisions of this Act, the Government may make such
order not inconsistent with the provisions of this AEtras
may appeal to +ev to be necessary or expedient fdtvthe
purpse -o# grn~~yi~fi the .I difficulty. .a.J , i
,
! i98i : I?. N. Act ill ~acha&appa!s Trust (raking IS?
over of Management)
(2) Every order made under this section shall, as soon
as after it is made, be laid before each House of the. Legis-
lature.
15. (1) The Government may make rules to carry out Power to make the provisions of this Act. -. rules.
(2) All rules made under this !Act shall be published
in the Tamil Nadu Government Gazette,and unless they are
expressed to come into force on a particular day, shall
came into force on the ?axon which they are so published.
. (3) Every rule made under this Act shall, as soon as
possible,:af&r it if made, be placed on the table of both
Hm~d df the Legislature, and if, before the expiry ot the
session in which it is so placed or the next session, both
Houses agree in making any modification it1 any such
,ufe or 'both Houses agree that+the rule Should not be
made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be, so
however, that any such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
a 16. (1) The Pachaiyappa's Trust (Taking over of Repeal and
. Management) Ordinance, 1980 (Tatnil Nadu Ordinance 14 Sa~im*
of 1980) is hereby repealed.
I
(2) Notwithstanding such repeal, anything done, or
i
I any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act.
614 Paehaiyappa's Trust (Taking [1981: T. N. Ad 66-
over of Management) Amendnient
TAMIL NADU ACT NO. 66 OF 1981.*
THE PACHAIYAPPA'S TRUST (TAKING OVER OF
MANAGEMEN'I ]&AMENDMENT ACT, 1981
IReceived the assent of the President on the 1 5th December
1981, jirst published in the Tamil Nadu Government
Gazette .Extraordinary on the 18th December 198 1
[ Margazhi ' 3, Thunmathi-20 1 2- Thiruvalluvar Adu).] '
An Act to cmend the Pacfraiyappa's Trust (Taking over of
Managemeat) Act, 1 98 1.
BE it enactedT by the Legislature of the State of Tamil
Nadu in the Thirty-second Year of the Republic of India
as follows :-
Shqrt title and 1. (1) This Act may be called the Pachaiyappa's Trust
commencement. (Taking ovqr of Management) Amendment Act, 1981.
(2) It shall come into force on such date as the State
Government may, by notification, appoint.
2. [The amendment made by this section has already
been incorporated in the principal Act, namely, the Pachi-
yappa's Trust (Taking over of Management) Act, 1981
(Tamil Nadu Act 11 of 1981).]
misting 3. (1) Notwithstanding anything contained in the prin-
members to cipal Act, with effect on and from the &Pe of commence-
ewe to hold ment of this Act, the members of thu Committee of mana- otllce, etc. gement including its Chairman, holding office as such on
the said datz, shall cease to hold such office and appoint-.
ment of the members of the said Committee of manage-
ment on and after the said date shall be made in accor-
dance wit1 the provisions of the principal Act, as amended
by this P .ct.
(2) Anything done or any action taken by the Com-
mittee of management in pursuance of the powers conferred
on it by or under the provisions of the principal Act before
th 2 date of cornmeDcement of this Act, shall be deemed
to have been done or taken by the Committee of manage-
ment appointed under sub-section (2) of section 3 of the
principal Act, as amended by this Act, in pursuance of
the powers conferred on it, by or under the principal Act
us amended by this Act.
-I--
*For Statement of Objects and Reasons, See Tmil Nadu
Oovemment Gazette Extraordinary, dated the 25th August 1981,
Qatt lV-Section 1, page 704.
--- - - . -
' .;..,a
. .;
TAMJ.1, NADU 3. -ad. GOVERN1
The' following Act of the Tamil ~adu Legislature rece
assent of the Presidenl. on the .17th April 1985 <and is hereb
for general' information :-
ACT No. 22 .0~'!985.~.
An Act further to a
).
1. Jhort title und comr?zencement.-(1) This Act - ma
the Pachaiyappa's Trust (Taking over of '~anag-eineht)
. 1'
(2) Tt shall be deemed to have cokle into,'force (on.
December 1984.
2. A~mendment of section 3, Tamil Nadu Act 11 of.' 198
szction 3 of the Pachaiyappa's,Trust (Taking over of' Mana
Act, ,1981 (Tamil Nadu Act 1 'I of 1981). (bereinafter referre
the principal Act), in'\ sub-section (I), for the, words 'Your
the words " five years " shall be substituted.
3. Amendment of sectioh 8, Tamil Nadu Act 1 1 of 1
section 8 of the principal Act, for the w~rds " four years ",
in two places, the words " five years " shalL be substituted.
I
4. Repeal and .~aving.-(1) The Pachaiyappa7s 'Trust (Takin
over of Management) Szzond Amendment Ordinance, 1984 (Tarm
Nadu Ordinance 30 of 1984) is hereby repealed. ,
(2) Notwithstanding such rep&, anything done or any action
taken under the 21-incipal Act, as amended by the said Gdinanc
s:lall be deemed to have been done or taken under the principal 'Act
as amended by this Act.
(By order of the Governolr.)
S. VADIVEL~I,
Cornrnissioner and Secretary to Goverrlment,' '
I~aw Deyart?nent.
-- -
Y&TNTRD AND PUBLISHED BY THE DmE@!L'OB OF BTATIONEBY ANB PBISrg#
MADBAS, ON BEHA- OF TEBI GOVBIBKMEHT OY TAYXC Nm.
F--. iw-, --The &-. --folibwing -. .. . . Act d -i he . Tamil Nadu Legislature received
': assent of the president Gn the 15th February 1986 sad *is
i 5; published for general klformatign :-
! i
' '
ACT NO. 14 OF 1986.
f, An. .- Act further .to amerzd- the Puchaiyuppa's Trust (ITaking over
Munagemwt' ) Ac!, 198 1 . E 3 enact[
. $
,
?.... ~hir ty-sever
BE?it-&acted by the Legislature of the State of Tmil Nadu in
Thirty-seventh Year of the Republic of India as follows ;- 1 1. Slzol' . .
6
1: Shba 'tit]= mud cbmmencement.-(1) This Act miy
,. --th&.~achaiyappa.'s T~ust (Taking over of Management)
Act, 1986.
I
septc mb~
(2) B shall be deeqed to have come iom force on the 21
. .
, December 1985.-
E
2. 111
2. Amendmeor 9 . . sectipn 3, 271iczil Nudtr Act 1 1 of 198 1 .- Tamil N~ section 3 of ths Pa haiyappa's Trust (Taking over of Managemen Act, 197 Act, 1981 (Tamil Nadu Act "1-1 dm ; 9 B 1) (hereinafter referred to , prin the principal Act), in sup-sectioa (I), for the lvords "five years
the words " six yeaxs " 'shaU be s~bstituted. " nine 3
n~clnths
+ . :.
3, Amendment qf sectiorz 8, I'nmil Nadu Act 11 of: 19
section 8 of the principal Act, for the words "five years ", occu
in two places, . , the words " six vears " shall be substituted.
1.: , : :
4. ~ekl &d saiiitg.-(1) he' Pachaiyappit'~ Trust ( over of Management) Second Amendment Ordinance, 1.985
'" Nadu Ordinance i4 of 1985 1 is hereby repealed.
.?
r.' :.. ,. t. ,. (2). N~~twithsta~~ding such repeal, ilnjqhiag done or
action taken under the principal Act, as arnmded by the said O
nance, shall be 'deemed to have been dcnc or taken under
drincipd Act, as amended by this Act
'(B~ , . ordcr of the Governor.)
\
. . S. VADIVELU, Coniritr'ssior~er and 5ecrelal.y fo Govet
. . Lav Department.
C.
-.
..
-- -- . -. .-
#
No. 236 J MADRAS, THURSDAY, APRIL 9, 1987
1987 ' IPI~C~ Rf, 0-15
Part IV-Section 2
4
Td Ndu Acts and Ordiarecas,
' The following Act uf the Tamil Nadu Legkilntiye Assembly
received the asse!nt of the President on the 4th April 1987 and is hereby.
published for general information :-
/
ACT No. 9 OF 1987.
r
I
An Act further to ummd the Pachaiyappo's 71-rrsr (Tuking ovn. of
.'Mnnagemunt 1 Act, 158 1.
1
-.
'1'A htll L NADU
GOVERNRIENT C; AZETTE.
LXT Rr\OR[)IN.\ KY P~iidcwtr a. rurkiosirv
BE it enacted by the Legislative Assembly of the State uf 'T'amil
Nadu in the Thirty-eighth Year of the Republic of India as
follows :-
/
1. Short tirle and comrnencernent.-(I) This Act may be called
the Pachaiyappa's Trust (Taking over of Management) Amendment
Act, 1987.
(2) It shall be deemed to have come ii.:o force on the 22nd
f)eccrn ber 1986.
--
'1. Amendment of section 3, Tamil NN~L~ Act 11 of 1981.-In
5ection 3 of the Pachaiyappa's Trust (Taking over of Manaqement)
Act, 1981 (Tamil Nadu Act 1 1 of 198 1, (hereinafter referred to as
the principal Act), in sub-section ( 1 ) , for the words " six years ",
the words "seven years" shall be substituted.
. - J
r
56 TAMIL NADU GOVERNMENT GAZEi'TE IIX'I KAOIZ ill h AIC
-
, 3. Amendment of section 8, Turnil Vadu Act 11 of 1'981 .-ln
setion 8 of the principal Act, for the words " six years ", occurr'ng
in two. places; the words "seven years" shall be substituted. I
4. Va1idution.-(1 ) Notwithstanding anything contained in the
principal Act or. in any other law for the time being in force,-
(a) the management of the Pachaiyappa's Trust vested in the
Government under sub-section (1) of section 3 of the principal Acr
shall, for all purposes, bi deemed to be, and to have been. validly
vested in the Government;
(b) the Committee of management appointed under sub-
section (2) of scL:inn 3 of the principal Act and the members
(including tile Chairman) of the said Committee holding office
immediately before the 22nd December 1986 shall, for all purposes.
be deemed to be, and to have been, validly appoi~itecl and holtli~~g
office,
during the period .commencing on the 22nd Deccmber 1986
and ending with the 8th January 1987, in accordance with law, as if
I the principd Act, as amended hy this Act, had ;xen ill ,force at all
material times. 'i
(2) Anything done or any action taken by the Covernmcnt or
by the Committee of management under the principal Act, during the
period commencing on the 22nd December 1986 and ending with the
4th -January 1987 shall, for all purposes, be deemed to be, and to
have been, validly done or taken in accordance with law, as if the
principal Act, as amenfled :by this Act, had *been in force at all
material times and it shall not be liable to be questioned in a!ly
court of law.
5. Repecil and saving.-(1) The Pachai yappa's Trus! ('l'aking over of : *Management) 'Amendment Ordinance, 1 987 (Tamil Nad LJ
Ordinwce 1 of 1987) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the principal Act, as amended by the said Ordinance,
shall be .deemed to have been done or taken under the principal
Act, as amended by this Act.
(By order of the Governor)
S. VADIVEI,U.
Commissioner and Secretary to Go verr, 1 tr er11.
I Larv Department.
.--- -- - - .
PRINTED AND PUBLISHED BY' THE DIRECTOR OF STATTONEEY AXI) I~IITT'I. I sc;
r .& MADRAS, ON ~~AT~F OF T~F: GOVERNMENT 01: '17,ti\f11, q \l)r. A
. .
TAM~L NADU GOVERNMENT GAZE'r~E J~~CTKA~KD~NARY, ' 349
','
--_.-I --- -_-_ a- -_- - -- - I__---- -.
,
The following Act of the Tamil Nadu Legislative ~ssembly
"1 received the assent of the ~resideoi on the 18th December 1987 and . .
is hereby published for general information :-
I
.*
ACT No. 56 OF 1957.
, ,
S * I
An Act further to artzend the Pac/zaiyappa's nust (Taking over. of;
Management) Act, 198 1. ., . +.
WjClEREAS doubts have arisen in regard to the application of the : ' .
Pachaiyappa's Trust (Taking (over of Management) Act, 1981 to - .
certain public trusts ,and endow~llents 'which were managed and .
I
administered by the Board of Trustees of the Pachaiyappa's Trust
% -#.
immediately before the 22nd December 1980 in addition to tb,e
Pachaiyappa's Trustl tl;
\ , s
AND WHEREAS the object of the Gover-ent was to take over the , . .<. ti
management of noit only the Pachaiyappa's Trust but also all &a ,- ,
public trusts and- endowments which were managed and administeced.
F ,, , "<
, &;$
by the Board of Trustees of the Pachaiyappa's Trust immediately . ,, $,
before the 22nd December 1980 ;
1. . .
I ,.{,
I ',
, ';$
AND WHEREAS it is expedient and necessary to remove suck doubts , : e3
, 12 and make it clear that the Act shall apply and shall be deemed to' . ., 1
have applied to dl pMis tnlsts and endowments which were -.9
managed and administered by the Board of Trustees of %the Pgchai-.. giI
yappa's Trust immediately before the 22nd December 1980: ., 1
I . .-
*,
I
- -. ..I
BE it enacted. by the Legislative Assembly of the State of Tamil . p
\,
. a . ,
Nadu in the Thirty-e@th Year oil the Republic d India as . . , s ,,.!- .-
follows :- \ . i
1. Short title and commencement.-(1) This Act may be cwd '
$.
; -. > ,> {
tha Pachaiyappa's Trust (Taking over of Management) Second' ,-#
. .,
Amendment Act, 1987. ,
J -, . , I --?
I . 4
(2) It shall be deemed to have come into force on the 22nd1,:.::.{
December 1980. I I* .- 1.. -L L -.;is . r ;i ,.**,'.&
' .L
: ,*
2. Amendment of long title to Tun~il Nadu Act 11 of 1981.-In , 12;7-.y
the long title to the Pachaiyappa's Trust' (Taking over 6f Manage' - - +!
ment) Act, 1981 (Tamil Nadu Act 11 of 1981) (hereinafter referred - , -:+
to-as the principal Act), after the expression " pachaiya;pa9s trust ", . , ' /i2 '%
the expression " and of the public trusts and endowments smed ; A -A; -,I
in the Schedule '' shall be, and shall be deemed always to have ken, - ; , .;3,
inserted. . * t$
I.
, . '-, $4
5
..
14 , y;g
d
-1
tg$ ,the exPkssiion " the Board of Trustees of the
a$e ", the axpr&sion " (who are hlso trustees in
.'p&blic trusts specified in the Schedule and also
of the endowments - s@ified in the Schedule) " shall
be: deemed always to have been, inserted,~
. .
TAhfII. NADU GOVERNMENT OAZETri'PIPF EY~I'I~R.DIPI&BX 351
,<.*
1
. . I,
. "6;' -
(5) in the fifth paragraph,--
1,
. '
(a) after the expression "management of, the Pachaiyiyppa's :*., ,):,,
trust ", the expression " and of the public trusts and 6adolyme4ts
specified in the Schedule " sh'all be, and shall be deemed always to ; . *$
have been, inserted ; r. t
(b) for the expression "said trust ", the expression' " said-.
' ,q
,'
\ - trusts and endowments" shall be, and shall be deemed always +to
'
1- <.
'V
: 1 .v:
have been, substituted. !.t. i<
4. Amendment oJ section 1, Tamil Nadu Act 11
section 1 of the principal Act, in sub-section (I), after
." Pachaiyappa's Trust ", the expression " and the Sche
Trusts and Endowments " shall be, and shall. b ddetnd
have been, inserted.
.D
5. Amesdrnent. of section 2, Tam8 Nadu Act $1 of
section 2 oil the principal Act,-
(I ) in clause (a), the following shall be, 'and shall bb d
always to have been, added at thel end, rlamely :-
"which Board of Trustees are also trustees in 'w&ct\d
public trusts specified in the Schedule and also administrators of
endowments specified in the Schedule ; ": .
A.$V
(2) in clause (c), the following shall be, and shall bedeemed:. > .:
% '$ sv
always to have been, added at the end, namely :-
' 1- *':
, ,<
-- r,-,;
?'".
f , .
" and includes the Scheduled public trusts and endowments .'' i - ,: - '. I:
(3) in clause (d), the following shall be, ahd shail be deemed . .", %a .,
always to have been, added at the,, end; namely :- I a
"and includes any scheme, deed of public trust or any -wiU
i ,-
or deed of endowment or ady order of court or decree or any lother - -'
instrument whatsoever creating or governing the Scheduled public ti
1
tri~sts and endowments; "; s
(4) after clause (d), the following clause shall be, and -shall
be deemed always to have bean, inserted, namely:--- I
" (e) " Scheduled public. trusts and endowments " mans- . . the public tmsts And endowments specified in the Sccrdule lo Bb
Act and includes educational instihutions, charities and propetti-
I ~~nd~r thr ~nntrol of the said public trusts and endowmed&.".
'! Provided that nothing contained in clause (b) shall, in so far
Scheduled public trusts *and endowments, render any
9 liable tow an), punishment whatever. by reason of his failure
ply'with the provisior s of clause. (a) on or after the 22nd
and before the; 2nd October 1987. '' .
fi: '. '
, \- 7. ahkJition of Schedule to Tamil Nadzc Act 11 of 1981 .-To the
5 principal Act,. the following'Schedule shall be, and shall be deemed
'$--alw1ys to have ken, added at the end, namely :-
:;/:,. - .-\
. 4
2 , (',
t.
, ,
" SCHEDULE
I
, 4.
, : .. - '
c<
[See clause (e) of section 2.1 -
," Serial Description of public rrusts and endowments.
-. numher. . LL , t I ,
:5: . . .
(2) : : (!I
L L. ,
"- * . c.'*
.A
-1, " P. T. Lee Chengalvaroya Naicker's Public Trust (Will of
9%' , A . '
' 1
, - Chengalvar~;? Naicker, dated 4th October 1570 and his
.C.
4.. I* , dic~, dated 301b April 1873). '
5, , 7,
to
. . 2 ' Govindu Naicker's Public Trust (Will of Govindu Naicker,
I
4
,a A
dated 25th March 1846).
, . 3 Devalla Ramaswamiah's Endowment (Gift deed of Devalla
vr . ., . ; Sundasammal, wife of Devalla Ramaswamiah, dated 30th:
&; .,' K,~ q.: ', . May 19%04). -
, \ ,4 . Olati Ranganayakiammal's Public Trust (Will of Olati
ganayakiammal, dated 30th March 1904) .. ,
.
-$ . Chellammal's Public Trust (CheUammal's will, dated 22nd
'November ,1913 and her subsequent Wills, dated 1 1 th
, ; November 1915, -16th Octbber 1916 and 10th March
. shanmugasund&a Muddiar's Public Trust (Decree d -
igh Court, Mgdras in C. S. No. 396 of 1912);
. vidyasagar@d pub& Tryst '(will of
, dated 23id . J11ly 1928). . -
3
- ----- .___ ___
TAMIL NADU ' GOVERNMENT GAZE'ITE EXTRAORDINMM'. 'm-. . ,
m, --- - --
Serial Descyipfiion of public trusts and endowment~. -- -
number. (1.
(1) (2)
8 T. B. Venkatachalarn Pillai IPublic Trust (Will &:;
T. B. Venkatachalam Pillai, dated 21st January 1934.):.
f
9 Gomapathi Pathar's Endowment (Will of OolnapM
- Fsthar, dated 31st July 1922). ,
14 Gantasala Yesodammal Endowment (Cour;t sale, dated g(L . , ,
May 1936). . -1 I
*
11 C.SrinivasaKao'sPublicTmst(Willo~fCaravadiSriniv~ .
Rao, dated 20th November 1908). ,
12 E. Doraiswamy Mudaliar Public Trust (Will of Do~ai~wmy
Mudaliar, dated 7th June 1941%.
1 l3
Maragadammal Endowment (Will of Kavalambal dm
Maragathammal, dated 7th May 1922).
I
14 Kamalavalli 'Thayarammal Endowment (Settlement deed,
dated 31st January 1945 executed by C. ~eerara~hava
Chetty, husband of Kamalavalli Thayararrm~~1).
IS Venkatavaratha Pillai Public Trust (Settlement deed, dated
22nd December 1954 executed by venkatavktha
Pillai) .
16 Rajathiammal Public Trust (Settlement deed, dated 11th
July 1955 executed by Rajathiammal) . /
17 Dhanak~~tiappa Endowment (WGl oE Dhanakotiappa, iiated I
25th February 1957).
18 Venkatachala Mudaliar Public Trust (Will of M. Venkata*
chala Mudaliar, dated 31st July 1959). I
13 R. D. Saravanavelu Mudaliar Endowment / ' (Will of
R. D. Saravanavelu Mudaliar, dated 10th October
1937). ".
8. 2pplicufion oj the prirzcipal Act, as atneniied by this Act.-
The p$incipnl Act, as amccnded by this Act, sliall, apply, and shali be
deemed always to have applied, to the public truits and endowments
(including educational institutions, charitis aKd properti& under the
control of the said public trusts and endowm5tls) spdifiea in the
Schedule -- - to the principtl 'iA~c:, as arnen'dia 6y this a&,
4A G~nrln) TV-? qy, (757 1 -3 i
#
. QS . LAMIL N! 9T3 GOVERNMENT GAZETTE EXTRAORDINARY
-
I
t , .'f2.t .9. --.. Validation.-Natwithstanding anything contained in th,a
. principal Act,' or in any judgment, decree or order of any court,
"-. anything done or -any action taken by the Government or any officm
$I -
, of the' Government or the Committee of management or the Chairman
iqr say member oD the Committee of management, in resmt of the
.i; pybw trusts and endowments (including educational institutions,
' , , ' ' add: properties under the control of the said public trusts
:";- . ..* *@-mdowments) specified in the Schedule to the principal Act,
.- asCa,&ended by this Act, at any time on or after the 22nd ~ecember
7 . .. 1980 and before the. 2nd October 1987, shall, for all purposes be
to be, and to have always been, validly done or taken in
9 " .
~;li:,accordance with law as if the principal Act, as amended by this Act,
i
hd b em in force at all material times and it shall not be liable to -
"' , q~estioncd in any court d law
i",
"
tp olvcr.ritiv other Ir?\c~s, j~tdgtlierlts, decrees, efc.-The
tM! t111~ :\'$I shnll h:l\.c ctTcct t~ot\\.ir l~st:tnding anything .
therewith contail ed, in any other law for the time being i
any cwstom, usase or judgment or decree or order of a ;
,:,' . +o$rrt or athex a~~thc~rity. t?? ,#,,,. ** %
q,, $?j.x*!?:c ,- 11. ~epal and saving.-( 1 ) The Pachaiyappa's Trust (Taking
i*' '" %v& of Management) Second Amendment Ordinance, 1987 (Tamil @;.
<*' ~~Nadu orb^ 7 d 1987) is hereby repealed, ?,I&., . - +k!., 4:;+.. ,\*
5T;f::.;;. Wid $, .- -<-- (2)"-~irt&thstandin~ such repeal, anything done or any action
c?,: ' td&p undes 'the- principal .Act, as amended by the said @diname9
$$chh~@- be med to have been done or taken under the principal Act,
j+*
::+,. $B' 'aikaded by this Act. y*. - - r** . :
.,a
6.
&.* .. 1- -,*A . ,. . (By order of the ~oiernor)
i-U' . ,
%'? , I*'. . -
Y; I - S. VRDIVELU,
,, .
<-, , 't;.r - C~mmiL~sioner and Secretary to Government,
:,' . . 1-
* I.. , . . , ., Law Department.
" :,'&
h
2. , >* I
$,.. .. *
I
?,' . ';" ,,
':l$ ,: ' \
:vet - . r
!I- . , *' ', .
4 .-
.I
!..- JZ. . . .
>+< ' . . i: "' *- - .. $> ; , a < \\
, ' +. -; . + . .
**uT #j \
I' :*,. -.
1 ,'J '!-. -.
piA -7- - -
- -
TAMIL NADU
**.-. - '
,( . i1"
-
The foUowing President's Act assented on the 19th' December 1988 1 . is
published for general information :- , . ,
a
' AMENDMENT ACT, 1988.
' t .,
No. 13 OF 1988.
1. Short title und commencement.-(1) This Act may be called the Pa~!i,:yap~a'~
~mt and the scheduled Public Trusts and Endowments (Takii.2 over of Manage-
ment) Amendment Act, 1988.
I
(2) It shall come into force at once. -
2, Amendment of section 3.-In section 3 of the Pachaiyappa's Trust and the Tamil N:&U
Scheduled Public Trusts and Endowments (Taking over of Management) Act, 1981 Act 11 of
fieein$ter referred to as the pr~ncipal Act), in sub-$&ion (1), for the words 1981*
eight years ", the words " nine years " shall be substituted.
j, Amendment of section 8.-In section 8 of the principal Act, for the words
eight years ", occurrifig in two places, the words "nine years" shall be substituted.
R VENKATA~AMAN,
Presidht. ,
S. R~MAIAH,
(6ecrctary to the Government of Tndla.
I
YP
TAMIL NADU GOVERNMENT GAZETTE EXIRAOKDINARY
---- -- n- . b-L
-.
The following Act of the Tamil Nadu Legklative Asse~nbly rcccived the
assent cd the President m the 26th February 1991 and is hereb~y published
fci general information :-
ACT No. 17 OF 1991.
An Act further to amend the Pachaiyappa's Trusf, and the Sci~edtiled PqlbEic
Trusts and Endowments (Taking over of Hanagemcnt) Act, 1981
BE it enacted by the Legislative Assembly of thc -State of 'Famil N;ldu in the
Forty-first Year of the Rcputtli:~ of India w follows :-
1. (1) This Act my be called the Parhaiyappa's Trust m~cl the Scheduled
ent. Public Trusts and Endowmeats (l'aliing over of Management) Amendment
Act; 1991.
(2) It &hall ba dtmned to have come into force on tlie Nth day of
Deeernbcr 1990.
2. In sectim 3 the Fachiyappa's Trust and thc Scheduled Pnblio Taskq
and Enifswmants (Taking OYW of iljhaagement) Act, 1951 (hereinafter refexred
to w th principal Act), in sub-section (I), for thc words " tm years ", the
l~ords " elevea years '' &dl be substituted.
3. In scet,bn Y of the principal Act, for the words " ten years ", occurring
in two placcs, the words " ~lcvefi years " ~l1laI1 bc substituted.
4. (1) The Pachaiyappa'a Tmc$ and the Scheduled Public Trusts and
Eadswnlents (~aGng over of Management) Second Amendment Ordinance,
1990 is hereby repealed.
(2) Nat~vithataacling euqh rcpd, anything done or any nctian taken
rdes tfie principal Act, as aarnded by the wid Ordinance, shall bb decrnn)
ti, have been dm4 os taken under the p~incipal Aet, as amended hy this Act
(By order of the Uovcrnor.j
1'. JIGYAS1NC;Il J'L;?'I.:A,
Rtcsvetaty ts dse.erri'vcint, h6s(t Dcg~rr~~tcnr.
pR-mD PUBLISHEDIY THE DIRECTOR OF SThf Y. AND PRINTING MADRAS
@N BEHALF OF THE GOVERNMENT OF T4M'lL NADL
. -
\
v -
3. '
. . . . .. . (H&~W-~N~&~
RNMENT Ot TAMS NA DV
.;.<f:. .? ' a
[p rfC+ : a15 Paise
TAMIIL NADU
GOVERNMENT GAZETTE
EXTRAORDJNA RY PUBLISHED BY -AUTHORITY
,
No. 1491 MADRAS, MONDAY, MARCH 9, 1992,
MAASl 26, PIRAJORPATHI, TH IRUVALLUVAR AANDU-2023
Part ' IVrSection 2 *
I
Tad Nadu Acts and Ordinancde.
The follolving Act of the Tamil Nadu Legislative Assembly received the
assent of the President on the 6th Mh 1992 and is hereby publiaed for
pencrnl information :-
ACT No. 10 OF 1992. .
, .
An Act fu.rther to vend the Paohaiyappo's Trust +nd the Scheduled Public
Tmcsts Enmts (Taking avar of Mcm&gmwnf) Act, 1981.
RE. it enacted by the Legi#ative Assembly of the State of Tamil-Nadu in the - . I
Forty-third Tear of irhe Republic of hdia -& follows :- .
1
. -c
..
1. (1) This Act may be called the Pqchaiyappa's Trust and the ScFieduled title ahd
Public Tru.&s atld Endowmentsl (Taking over of Management) Amendmefit amnmcubent.
Act, 1992. p
(2) It shall be deemed to have come into force on the -19th day !~f ,
"ncembcr 1991.
.2. In section 3 of the ~a chaiyappa's ?hut and the Scheduled Publio Amendment of
Trusts and Endowmenb (~aking over of Management) Act, 1981 (he&.- ,.. py 3.
after, refelred to as the principal Act), in sub-section (I), for thc ivords
'' eleven pcarw ", the words '! fourteen pcars " shall he wl)stitu~ted.
3. In section 8 of the principl Act, for the words " eleven years ", AmenQnmt' of
occn~ring in two places, the words " fourtecn yea@ shall be sub&tuted. - - ,*.. sedion . .*-- 8.
'A,- .
4. (1) The Pachiyappa's Trust md the Scheduled Public Trusts and Rsp.1 and , . - 1.
ITntlowmcnts (Ta.kinp over of' Manngement ) Second Alnetldmcnt Ordinan?, saving.. I
I991 ih hereby repertled. i
fi-,.,~m\ 117-3 Fhr 11A9\-1 . 1 -47, ,I./, 4, ,a
TAMIL NADU
GOVERNMENTa GAZETT
EXTRAORDINAIIY PueLlsHED BY AUTHORIT
MADRAS, TUESDAY, DECEMBER 20, 1994
Margazhi 5, Bhava, Thiruvallu var Aandu-2025
'
---- --- - -- - - -.-
Part IV - Section 2
Tamil Nadu Acts and Ordinances.
The following ACT of the Tamil Nadu ~egislative Assembly received the assent
of the President on the 20th December 1994 ancl is hereby publisl~cd for general
irlfor~netion :-
ACT No. 60 OF 1994.
An Act Pth r fa nnterd the Pachnyaippa's Trust and rbr Schrduled ~ublic T~D
and Ertdowments (Taking over of Managetnerzt) Act, 1981.
BE it enacted by tho Legislative Assembly of the State of Tamil Nadu in the
Fortv-filth Year of tile Republic of India as follows :-
1. This Act may be c;.,lld the Pachaiyappa's Trust ail; :be Schedd?d Public Short ti&.
Trusts and Endowments (Taking over of Management) Amendment Act, 1994.
2. In section 3 of the Pachaiyappa's T~ust ard the Scheduled Public Trusts and Amen
Endowments (Taking over of Management) Act, 1981 (hereinafter referred to as the oj sec
principal Act), in sub-section (I), for the words “fourteen ymrs", the words "seven-
teen yews" sltail be substituted.
3. In section 8 of the principal Act, for tho words "fourteen years", occurring Amendinen4 Q?
lo two places, the words "sovonteen years" shall be substituted. section 8.
(By order of the Governor)
M. MUl\TIRAMAN,
Secrc>/ury to Government, Law Depnrrm enr.
I- -_ -_-- _ ___- _- --- -- pa--.- -
PRINTED hh'l? PUBLISHED BY THE DIRECTOR OF STATIONERY AblD FRINTINa. MADBAS. ON BEHA..
OF 'I3;ZE COVJ3RNMENT OF TAMIL NADilJ
30 TAMIL NADU GOVERNMENT GAZETTE ~XTRAORDINARYT - - ______rrr..*r'U.-.II-------
..--*
--c--."l
- . . -_ - _--11 L, --- -- - _ . -
EXPLANATORY STATEMENY
Unc.er sub-section (1) of section 4 of the Tainil Nadu Co-operative Societies
(Appoin. nwi of Spcci'il '33cersj Act, 1.391 (Tarjlil Y~aclu Ac~ 30 of 1991), Specid
Ofiicers flere appoilltcd to ccrt:iin prilllnry societies, ior a period of one year with
cfIcct 011 and froin the 28th .i~ily 1991. The period of appointlnent ot the said
Spe;iaI Ofil~crs lzas been estcncicd 1ro1-n tilnc to time and it is duc to expire on tk::
27th Jul/ 1994.
2. While tlzs Covcrnn~lcnt propo~cd to conduct elections to all tile primary
societies in accordatxx with the provisions of the Tamil Nadu Co-operative Socletles
Act, 1983 (Tamil Nadu Act 30 of 1983), the High Court, Madras, in its interim
order, datcd the 7th Augud 1992 in W.M.P. No. 15373192 etc., in W.P. No. 10665192
etc., directed thc C;ovcrnment to postpone the holding of elections to all the
co-operative societies in rhe State and tlie said directioi~ of the High Court,
Madfils is still in oper.ition. Si~nultaneously the Suprci~~e Court of India,
New Dell~i is also sei~ed of the niattor concerning elections to co-operative societies
in tha State. In these circumstances, it will take further time to hold and complete
the elect~ons to tile primary soci~lies.
3. The Governn~ent have, therefore, decided to extend the period of appoint-
ment 01 the Special Oficers of the said primary societies for a further period of
six months beyond the 27th July 1994 and to amend the said Tamil Nadu Act 30 ot
1991 for the purpose.
4, The Ordinance seek; to give effect to the above decision.
(By order dt the GovernorJ
- ~
8.
.. -
, - ?,I, hIUNIRAhfAN,
Secrrtnry to Governmentj
TAW Department.
.--- -. - -------a - --- -.--- ---- &- -i--;- ----.,
WlY AND PUBLISHED BY TEE! DIRECTOR OR SI$TTONERM dm,
PRINTING, MADRAS. ON DEffALE OE '1+~ GOVERNMENT OE TAMIL HADU.
/"