Chapter II TAKING OVER OF THE MANAGEMENT OF THE SREE NARAYANA DHARMA SANGHOM TRUST

1. (1) On and from the appointed day the management of the Trust shall vest in the Government for a period of two years: Provided that, if the Government is of the opinion that in order to secure the proper management of the Trust it is expedient that such management should continue to vest with Government after the expiry of the said period of two years, it may issue directions, from time to time, to extend such period of management for such further period, so, however, that the total period shall not exceed five years from the appointed day.
2. (2) The Trust shall be deemed to include all assets, rights, powers, privileges and all properties, hospitals, educational institutions and such other institutions as are owned by, and those over which, the Trust has any right or interest.

Notwithstanding anything contained in any other law for the time being in force or in any deed or in any scheme or other document or instrument settled or drawn up for the regulation or administration of the Trust,—

1. (a) on and from the appointed day, every member of the governing body of the Trust shall cease to exercise any power of management in relation to the Trust;
2. (b) no resolution in relation to the Trust shall be passed at any meeting of the members in relation to any act of management, without prior sanction of the Government.
3. (c) no proceeding by way of right to sue for execution of the Trust, right to Trustees or for appointment of a Receiver in respect of the Trust or its properties which have vested with the Government under section 3 shall lie in any court except with the consent of the Government.

1. (1) The Government shall, as from the appointed day, appoint a person or a body of persons as the Administrators for the purpose of taking over the management of the Trust and the Administrator shall carry on the management for and on behalf of the Government.
2. (2) The Administrator may authorise such person as he thinks fit also to exercise all or any of the powers exercisable by him under this Act and different persons may be authorised to exercise different powers, and subject to the general or special directions given or imposed by the Administrator, the person so authorised to exercise any powers of the Administrator may exercise those powers in the same manner and with the same effect as if such power had been conferred on that person directly by this Act and not by way of authorisation.
3. (3) If, on the appointed day, any suit, appeal or other proceeding, of whatever nature, in relation to any property which has vested in the Government under section 3, instituted or preferred by or against the Trust is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the taking over of the management of the Trust or of anything continued in this Act, but the suit, appeal, or other proceeding may be pursued, prosecuted, or enforced by or against the Government.
4. (4) The Government may issue such directions (including directions as to initiating, defending or continuing any legal proceedings before any courts, tribunal or other authority) to the Administrator, as to his powers and duties as the Government may deem desirable and the Administrator may apply to the Government at any time for instructions as to the manner in which he shall conduct the management of the Trust or in relation to any matter arising in the course of such management.
5. (5) Subject to the other provisions of this Act and to the control of the Government, the Administrator shall be entitled to exercise the powers of the Trust Board or the Executive Council or, as the case may be, of the Board of Trustees of the Trust, in relation to the management of the affairs of the Trust.
6. (6) All administrative expenses of the trust including the remuneration, as may be fixed by the Government, of the administrator and other persons authorised by him under sub section (2) shall be paid from the trust fund.

1. (1) As soon as may be after the appointed day, but not later than three months from that day, the Government shall constitute an Advisory Council to advise the Administrator in the management of the Trust.
2. (2) The Council may, on its own motion or on the motion by the Government or the Administrator, as the case may be, render advice on any matter concerning the management of the Trust.
3. (3) Every person in charge of the management of the Trust or any one of the institutions of the Trust including Mutts, temples, hospitals and educational institutions, immediately before the appointed day shall, within ten days from that day or within such further period that the Government may allow in this behalf, furnish to the Administrator a complete inventory of all properties and assets including particulars of amounts received by way of donations, offerings, fees, booklets and investments forming part of, or relatable to, the Trust immediately before the appointed day and all liabilities and obligations of the Trust in force immediately before the appointed day and also all agreements entered into by the Trust in force immediately before the appointed day.
4. (4) In rendering advice under sub-section (2), the Council shall endeavour to secure that—
   • (i) the objectives and aims of the functioning of the Trust are promoted;
   • (ii) harmony among the Trustees, beneficiaries and the public is promoted and a congenial atmosphere re-established in the Trust;
   • (iii) programmes are promoted and developed with a view to realising the objectives envisaged in the scheme settled for the Trust.
5. (5) The Council shall render necessary advice to the Government for the preparation of a proper list of members who have voting rights at an election to the Trust Board, give further directions as are necessary to draw up such a list of members with specific direction as to qualification for enrolment of member from the date of previous election to the Trust Board and direction for holding a fresh election before the expiry of the term of management by the Administrator so as to enable a newly elected Trust Board to be in place when the Administrator vacates office in accordance with the provisions of this Act. The election so held to the Trust Board under this subsection shall be under the supervision of the Council and in the event the election is approved by the Council, it shall declare such approval and publish the same, in such manner as it may deem fit, and there upon, such election shall be final and conclusive and shall not be called in question in any court on any ground whatsoever.
6. (6) All the expenses of the Council including the allowances and remuneration of the members of the Advisory Council shall be paid from the trust fund.

1. (1) Every person having, on the appointed day, in his possession or control any property forming part of, or relatable to, the Trust shall deliver forthwith such property to the Administrator or to any Officer of the Government as authorised by the Government in this behalf.
2. (2) Any person who has, on the appointed day, in his possession or in his control any records, papers, books or other documents relating to the Trust (including the Minute Books, Resolutions) the current cheque books, any letters, memorandum, notes and other materials related to the Trust shall, notwithstanding anything contained in any other law for the time being in force, be liable to account to the Administrator for the same.

(1)If at any time, it appears to the Government that the purpose for which the management of the Trust had been taken over has been fulfilled or that, for any other reason, it is not necessary that the management of the Trust should remain vested with the Government, it may, notwithstanding anything contained in sub-section (1) of section 3 by order published in the Gazette, relinguish the management with effect from such date as specified in the order.

1. (2) On and from the date specified in the order made under sub-section (1), the management of the property forming part of, or relatable to, the Trust shall vest in the Trust Board of the Trust and such management shall be carried on in accordance with the provisions of the scheme. All orders made and actions taken by the Administrator shall continue as if such orders were passed and action taken by the Trust Board in accordance with the scheme.

1. (1) If any dispute arises concerning the right, title and interest including the right to possession in regard to any property relatable of the Trust or in respect of which the Administrator takes over possession or claims or take over possession under the powers conferred by this Act, such dispute shall be resolved by the decision of the Tribunal to be constituted under this Act.
2. (2) The Tribunal under sub-section (1) shall be a person who has been a Judge of a High Court and shall be appointed by the Government on such terms and conditions as may be prescribed.
3. (3) The decision of the Tribunal shall be valid and binding on the parties as if it is a decree passed by a Civil Court.
4. (4) The Trustees, beneficiaries or any other person substantially interested in matters concerning the Trust, or the Government, may move the Tribunal for resolving any dispute.
5. (5) The Tribunal shall, for the purpose of resolving any dispute under this section, have the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:—
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery, inspection and production of documents;
   • (c) recording evidence on oath, requisitioning any public record from any court or office;
   • (d) issuing commissions for the examination of witnesses or document;
   • (e) such other matters as may be prescribed.
6. (6) The Tribunal shall have powers to regulate its own procedure and hold sittings at place or places as desired by it.
7. (7) All expenses incurred by the Tribunal shall be paid out of the Consolidated Fund of the State.

Any person aggrieved by the decision of the Tribunal may, within

thirty days from the date of such decision, prefer an appeal to the High Court and such appeal shall be heard and disposed of by a Bench consisting of not less than two Judges of the High Court.