The 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

1. (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 ..- I
2. (b) " (.overarnent"means the State Governqeent ; . Vesting of I manage- lment of Pachai- yappa's trul t ,
3. (c) '' Pa~haiyappa's trust" means the trust ji$&w Pachaiyappa's charities (includi~~ educatiohal , iiitititu .. lions) and properties under its control, and gove&d ,by the scheme settled md approved by the ~igh%~& b~ Judicatum at ~adr& on the 12th day of FebruaFy' ig09 ' as subsequently modified by the High: Court ,> o . -; , I,.-..
4. (d) " Pachai yappaVs trust scheme" means tf;e$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 Government not exceeding five, as the Government may, by notification, from time to time, appoint in this i r behalf.] 1

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.
2. (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. (1) shall be appointed by the Government and shall c msist of the i following officers as members of the said Committee :- i
2. (1) Director of Sports and Youth Services, Madras; ., 1 I
3. (2) Joint Secretary to Government-TI, Home Department ; C
4. (3) Joint Secretary to Government, Law Department ; I
5. (4) Deputy Secretary to Government, Fiilsncz Depa:tmsnr

, dealing with Collegiate Education files ; and

1. (5) Director of Collegiate Education, Madras," 154 Pachaiyappa's Trust (Faking [1981: T.N. Act 11 over of Mmgemenj)
2. (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

The Government, or the Committee of management on behalf of the Government, shall take all steps as may be necessary, to efficiently manage and run the Pachaiyappa's 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 scheme 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 Pachaiyappa's trust is or appears to be entitled, and 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 commencement of this Act : Provided that the Government or the Committee of management shall not be bound by any liability incurred by the Board of Trustees prior to the date of the commencement of this Act and no such liability shall be enforced by any court whether in execution of a decree or otherwise against the Government or the Committee of management : Provided further that in computing the period of limitation for a suit, or any application for execution of the decree, the time during which the institution of the suit or the execution of the decree is barred under this section shall be excluded. Explanation.—For the purpose of this section, the expression "law" includes any by-law, rule, regulation or any scheme, custom or usage. In section 2 of the principal Act,- (1) in clause (a), the following shall be, and shall be deemed always to have been, added at the end, namely :- "which Board of Trustees are also trustees in respect of public trusts specified in the Schedule and also administrators of endowments specified in the Schedule ; "; (2) in clause (c), the following shall be, and shall be deemed always to have been, added at the end, namely :- " and includes the Scheduled public trusts and endowments."; (3) in clause (d), the following shall be, and shall be deemed always to have been, added at the end, namely :- " and includes any scheme, deed of public trust or any will or deed of endowment or any order of court or decree or any other instrument whatsoever creating or governing the Scheduled public trusts and endowments; "; (4) after clause (d), the following clause shall be, and shall be deemed always to have been, inserted, namely :- " (e) " Scheduled public trusts and endowments " means the public trusts and endowments specified in the Schedule to the Act and includes educational institutions, charities and properties under the control of the said public trusts and endowments.".

Notwithstanding anything contained in any other law— (a) every trustee of the Board of Trustees or any person working under its control shall, on demand, hand over immediately any records and properties relating to the Pachaiyappa's trust which are in, or have come in his possession or control to an officer authorised by the Government in this behalf; (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 Act shall, for all purposes, be deemed to be, and to have been, validly vested in the Government; (b) the Committee of management appointed under sub-section (2) of section 3 of the principal Act and the members (including the 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 appointed and holding office, during the period commencing on the 22nd December 1986 and ending with the 8th January 1987, in accordance with law, as if the principal Act, as amended by this Act, had been in force at all material times. (2) Anything done or any action taken by the Government 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 amended by this Act, had been in force at all material times and it shall not be liable to be questioned in any court of law. Provided that nothing contained in clause (b) shall, in so far as it relates to Scheduled public trusts and endowments, render any person liable to any punishment whatever by reason of his failure to comply with the provisions of clause (a) on or after the 22nd December 1986 and before the 2nd October 1987.

To the principal Act, the following Schedule shall be, and shall be deemed always to have been, added at the end, namely :- " SCHEDULE [See clause (e) of section 2.] Serial number | Description of public trusts and endowments. 1. P. T. Lee Chengalvaroya Naicker's Public Trust (Will of Chengalvaroya Naicker, dated 4th October 1870 and his codicil, dated 30th April 1873). 2. Govindu Naicker's Public Trust (Will of Govindu Naicker, dated 25th March 1846). 3. Devalla Ramaswamiah's Endowment (Gift deed of Devalla Sundarammal, wife of Devalla Ramaswamiah, dated 30th May 1904). 4. Olati Ranganayakiammal's Public Trust (Will of Olati Ranganayakiammal, dated 30th March 1904). 5. Chellammal's Public Trust (Chellammal's will, dated 22nd November 1913 and her subsequent Wills, dated 11th November 1915, 16th October 1916 and 10th March 1917). 6. Shanmugasundara Mudaliar's Public Trust (Decree of High Court, Madras in C. S. No. 396 of 1912). 7. Vidyasagara Public Trust (Will of Vidyasagaram, dated 23rd July 1928). 8. T. B. Venkatachalam Pillai Public Trust (Will of T. B. Venkatachalam Pillai, dated 21st January 1934). 9. Gomapathi Pathar's Endowment (Will of Gomapathi Pathar, dated 31st July 1922). 10. Gantasala Yesodammal Endowment (Court sale, dated 8th May 1936). 11. C. Srinivasa Rao's Public Trust (Will of Caravadi Srinivasa Rao, dated 20th November 1908). 12. E. Doraiswamy Mudaliar Public Trust (Will of Doraiswamy Mudaliar, dated 7th June 1941). 13. Maragadammal Endowment (Will of Kavalambal alias Maragathammal, dated 7th May 1922). 14. Kamalavalli Thayarammal Endowment (Settlement deed, dated 31st January 1945 executed by C. Veeraraghava Chetty, husband of Kamalavalli Thayarammal). 15. Venkatavaratha Pillai Public Trust (Settlement deed, dated 22nd December 1954 executed by Venkatavaratha Pillai). 16. Rajathiammal Public Trust (Settlement deed, dated 11th July 1955 executed by Rajathiammal). 17. Dhanakotiappa Endowment (Will of Dhanakotiappa, dated 25th February 1957). 18. Venkatachala Mudaliar Public Trust (Will of M. Venkatachala Mudaliar, dated 31st July 1959). 19. R. D. Saravanavelu Mudaliar Endowment (Will of R. D. Saravanavelu Mudaliar, dated 10th October 1937). ".

The principal Act, as amended by this Act, shall apply, and shall be deemed always to have applied, to the public trusts and endowments (including educational institutions, charities and properties under the control of the said public trusts and endowments) specified in the Schedule to the principal Act, as amended by this Act.

Notwithstanding anything contained in the principal Act, or in any judgment, decree or order of any court, anything done or any action taken by the Government or any officer of the Government or the Committee of management or the Chairman or any member of the Committee of management, in respect of the public trusts and endowments (including educational institutions, and properties under the control of the said public trusts and endowments) specified in the Schedule to the principal Act, as amended by this Act, at any time on or after the 22nd December 1980 and before the 2nd October 1987, shall, for all purposes be deemed to be, and to have always been, validly done or taken in accordance with law as if the principal Act, as amended by this Act, had been in force at all material times and it shall not be liable to be questioned in any court of law.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom, usage or judgment or decree or order of a court or other authority.

(1) The Pachaiyappa's Trust (Taking over of Management) Second Amendment Ordinance, 1987 (Tamil Nadu Ordinance 7 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.

manage-

1. (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

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.

1. (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. (2) Every order made under this section shall, as soon as after it is made, be laid before each House of the.

1. (1) The Government may make rules to carry out Power to make the provisions of this Act. -. rules.
2. (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

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

1. (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.

1. (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.

1. (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. (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'

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

,

1. (2) Notwithstanding such rep&, anything done or any action taken under the 21-incipal Act, as amended by the said Gdinanc

(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' . . 1: Shba 'tit]= mud cbmmencement.-(1) This Act miy ,. --th&.~achaiyappa.'s T~ust (Taking over of Management) Act, 1986. I septc mb~

1. (2) B shall be deeqed to have come iom force on the . . , 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 . .

-. .. -- -- . -. .- #

No. 236 J MADRAS, THURSDAY, APRIL 9, 1987 1987 ' IPI~C~ Rf, 0-15 Part IV-Section 2 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'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.

1. (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,-

1. (a) the management of the Pachaiyappa's Trust vested in the Government under sub-section

1. (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;

1. (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

1. (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.

1. (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 .

1. (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 .. 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 ,<.* . . I, . "6;' -

1. (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

1. (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,-

"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

1. (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:

1. (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 ,-

public ti tri~sts and endowments; "; s

1. (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 :-

:;/:,. - .-\ . 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 ,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). . -

• • ----- .___ ___ TAMIL NADU ' GOVERNMENT GAZE'ITE EXTRAORDINMM'. 'm-. . , m, --- - -- Serial Descyipfiion of public trusts and endowment~. -- - number. (1.

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). , 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). 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

$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

1. (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.

R VENKATA~AMAN, Presidht. , S. R~MAIAH, (6ecrctary to the Government of Tndla. I

YP TAMIL NADU GOVERNMENT GAZETTE EXIRAOKDINARY ---- -- n- . b-L -.

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.

1. (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. (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 :- . . -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

1. (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. /"