section 0
Preamble
The Pachaiyappa’s Trust (Taking over of Management) Act, 1981DISCLAIMER: This document is being furnished to you for your information by PRS
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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' *'$+:t4. l. :" I I (2;) It shall be deemed to have come into force on the 2211d December' 1980. .r i .I I D~finiti on#. + +, ., If 2* In this Acts u41,k~s' the context otherwise resuiibi:, . . , *. . , - . * . - & 1 El
- (a) " hard of hstees" means the ~oard .&Trustee; mentioned in 'the scheme for the Pachaiyappa's; trust settled and approved by the High Court of Judicature+atl~a&& on the 12th day of February 1909 as subs~quently'~~fie~ I by the High Court ; I e ..- I
- (b) " (.overarnent"means the State Governqeent ; . Vesting of I manage- lment of Pachai- yappa's trul t ,
- (c) '' Pa~haiyappa's trust" means the trust ji$&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 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
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