Chapter X Chapter X

Trustees, etc. deemed public servants. Every trustee, and every officer and servant of the trust and every member and officer and servant of the tribunal, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

The trust shall be liable to pay such contributions for the leave allowances and pension of any servant of the Government employed as chairman or as an officer or servant of the trust, or as a member or officer or servant of the tribunal, as may be required by the conditions of his service under the Government to be paid by him or on his behalf.

Authority for prosecutions. Unless otherwise expressly provided, no court shall take cognizance of any offence punishable under this Act, except on the complaint of or upon information received from the trust or some person authorized by the trust by general or special order in this behalf.

Powers of chairman as to institution, etc., of legal proceedings and obtaining legal advice. The chairman may, subject to the control of the trust - (i) institute, defend or withdraw from legal proceedings under this Act, (ii) compound any offence against this Act, (iii) admit, compromise or withdraw any claim made under this Act, and (iv) obtain such legal advice and assistance as he may from time to time deem it necessary or expedient to obtain, or as he may be desired by the trust to obtain, for any of the purposes referred to in the foregoing clause of this section, or for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the trust or any officer or servant of the trust.

Indemnity to trust, etc. No suit shall be maintainable against the trust, or any trustee, or any officer or servant of the trust, or any person acting under the direction of the trust or of the chairman or of any officer or servant of the trust in respect of anything lawfully and in good faith and with due care and attention done under this Act.

Notice of suit against trustee, etc. (1) No suit shall be instituted against the trust or any trustee, or any person associated with the trust under section 13 or any member of a committee appointed under section 14 or any officer or servant of the trust, or any person acting under the direction of the trust or of the chairman or of any officer or servant of the trust, in respect of an act purporting to be done under this Act, until the expiration of two months next after notice in writing has been, in the case of a trust, left at its office, and in any other case delivered to or left at the office or place of abode of the person to be sued, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left. (2) If the trust or other person referred to in sub-section (1) shall, before the action is commenced, have tendered sufficient amends to the plaintiff the plaintiff shall not recover any sum in excess of the amount so tendered and shall also pay all costs incurred by the defendant after such tender. (3) No action such as is described in sub-section (1) shall, unless it is an action for the recovery of immovable property or for a declaration of the title thereto, be commenced otherwise than within six months next after the accrual of the cause of action: (4) Provided that nothing in sub-section (1) shall be construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the commencement of the suit or proceedings.

Mode of proof of trust records. A copy of any receipt, application, plan, notice, order, entry in a register or other documents in the possession of the trust shall if duly certified by the legal keeper thereof, or other person authorized by the trust in this behalf, be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent, as the original entry or document would, if produced, have been admissible to prove such matters.

Restriction on the summoning of trust servants to produce documents. No trustee or officer or servant of the trust shall in any legal proceeding to which the trust is not a party be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein unless by order of the court made for special cause.

Validation of Acts and proceedings. (1) No act done or proceeding taken under this Act shall be questioned on the ground merely of - (a) the existence of any vacancy in, or any defect in the constitution of the trust or any committee, or (b) any person having ceased to be a trustee, or (c) any trustee or any person associated with the trust under section 13 or any other member of a committee appointed under this Act, having voted or taken any part in any proceeding in contravention of section 16, or (d) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure, or (e) any omission, defect, or irregularity not affecting the merits of the case. (2) Every meeting of the trust, the minutes of the proceedings of which have been duly signed as prescribed in clause (e), sub-section (1), of section 12, shall be taken to have been duly convened and to be free from all defects and irregularities.

General power of trust to pay compensation. In any case not otherwise expressly provided for in this Act, the trust may pay reasonable compensation to any person who sustains damage by reason of the exercise of any of the powers vested under this Act in the trust or the chairman or any officer or servant of the trust.

Ultimate dissolution of trust, and transfer or its assets and liabilities to the committee. (1) When all schemes sanctioned under this Act have been executed or have been so far executed as to render the continued existence of the trust, in the opinion of the State Government, unnecessary, or when in the opinion of the State Government it is expedient that the trust shall cease to exist, the State Government may by notification declare that the trust shall be dissolved from such date as may be specified in this behalf in such notification; and the trust shall be deemed to be dissolved accordingly. (2) From the date specified in the notification referred to in sub-section (1), - (a) all properties, funds and dues vested in or realisable by the trust and the chairman respectively shall vest in and be realisable by the State Government till they stand transferred to the municipal committee under sub-section (3); (b) all liabilities which are enforceable against the trust shall be enforceable against the State Government to the extent of the properties, funds and dues vested in and realised by the State Government; and (c) for the purpose of completing the execution of any scheme sanctioned under this Act which has not been fully executed by the trust and of realising properties, funds and dues referred to in clause (a), the functions