Power of Board to frame scheme for administration of trust or endowment.

The Tamil Nadu Vanniyakula Kshatriya Public Charitable Trusts and Endowments (Protection and Maintenance) Act, 2018

Civil201891 sections

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Statutory text

(1) Whenever the Board is satisfied, whether on its own motion or on the application of not less than five persons interested in any trust or endowment, that it is necessary or desirable to frame a scheme for the proper administration of the trust or endowment, it may, by an order, frame such scheme for the administration of the trust or endowment after consultation with the trustee or administrator or the applicant in the prescribed manner. (2) A scheme framed under sub-section (1) may provide for the removal of the trustee and administrator of the trust and endowment, holding office as such immediately before the date on which the scheme comes into force: Provided that where any such scheme provides for the removal of any hereditary trustee, the scheme shall also provide for the appointment of the person next in hereditary succession to the trustees removed, as one of the members of the committee appointed for the proper administration of the trust or endowment. (3) Every order made under sub-section (2) shall be published in the prescribed manner. Such publication shall be final and binding on the trustee and administrator and all persons interested in the trust or endowment: Provided that any person aggrieved by an order made under this section may, within sixty days from the date of the order, prefer an appeal to the Court and after hearing such appeal, the Court may confirm, reverse or modify the order: Provided further that the Court shall have no power to stay the operation of the order made under this section. (4) The Board may, at any time by an order, whether made before or after the scheme has come into force, cancel or modify the scheme. (5) Pending the framing of the scheme for the proper administration of the trust or endowment, the Board may appoint an Administrative Officer to perform all or any of the functions of the trustee or administrator thereof and to exercise the powers, and perform the duties, of such trustee or administrator.

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