Primary law, Tamil Nadu land law
The Pachaiyappa's Trust (Taking Over of Management) Act, 1981
The Legislature of the State of Tamil Nadu enacted The Pachaiyappa's Trust (Taking Over of Management) Act, 1981, Tamil Nadu Act Number 11 of 1981, to transfer management of the trust from its Board of Trustees to the State Government for a limited period. The Act received the President's assent on 3 March 1981 and is deemed to have come into force on 22 December 1980. The supplied text is amended and lists several appended amendment Acts.
What the Act governs
The Pachaiyappa's Trust (Taking Over of Management) Act, 1981 applies specifically to Pachaiyappa's Trust. The trust includes its charities, educational institutions and properties governed by the scheme settled and approved by the High Court of Judicature at Madras and later modified by the High Court.
The Legislature of the State of Tamil Nadu recorded concerns about irregularities in the management of the trust's charities, institutions and properties. It therefore provided for temporary government management in the public interest and to secure proper administration.
Management changes
The Pachaiyappa's Trust (Taking Over of Management) Act, 1981 makes the following changes:
- Management vested in the State Government for three years under the amended text.
- The State Government could exercise the Board of Trustees' powers directly or through a Committee of Management.
- The committee could contain up to five government officers, with one member appointed as Chairman.
- Every person serving on the Board of Trustees at commencement ceased to hold office.
- No election could be held to fill a Board vacancy while the Committee of Management exercised the Board's functions.
Trust property and records
The Pachaiyappa's Trust (Taking Over of Management) Act, 1981 authorises the State Government or its Committee of Management to take custody or control of trust property, effects and actionable claims. Trust property and effects were deemed to be in government custody from commencement.
Trustees and persons working under the Board had to hand over trust records and properties in their possession or control when demanded by an authorised officer. Failure to comply could lead, on conviction, to imprisonment for up to three years, a fine of up to five thousand rupees, or both.
The State Government or committee was not bound by liabilities incurred by the former Board before commencement. Such liabilities could not be enforced against them during the protected period described in the Act.
Who may be affected
The Pachaiyappa's Trust (Taking Over of Management) Act, 1981 matters to trustees, employees, institutions, creditors and anyone dealing with property belonging or appearing to belong to Pachaiyappa's Trust. It does not state that it applies generally to other private or trust land in Tamil Nadu.
The trust scheme continued except where it conflicted with the Act or its rules. The State Government was required to arrange Board elections before the management period ended, and it could relinquish management earlier through an order published in the Tamil Nadu Government Gazette after arranging elections.
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Common questions
Does this Act affect all trust property in Tamil Nadu?
No. The Act specifically concerns Pachaiyappa's Trust, including its charities, educational institutions and properties governed by the Pachaiyappa's Trust scheme.
Who managed Pachaiyappa's Trust during the takeover period?
Management vested in the State Government, which could act directly or through a Committee of Management made up of government officers.
Did the State Government take ownership of the trust's properties?
The Act states that trust property, effects and actionable claims could be taken into government custody or control. It describes a takeover of management and custody, not a general transfer of ownership.
What happened to the existing Board of Trustees?
Its members ceased to hold office when the Act commenced. Elections to fill Board vacancies were not to be held while the Committee of Management was exercising the Board's functions.
