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

What the law covers

The Tamil Nadu Vanniyakula Kshatriya Public Charitable Trusts and Endowments (Protection and Maintenance) Act, 2018 applies throughout Tamil Nadu to public charitable trusts and endowments created and administered by persons or organisations of the Vanniyakula Kshatriya community.

Charitable purposes include relief of the poor, education, medical relief and other objects of public utility or welfare. Endowments can include property used for community facilities such as rest houses, choultries, schools, colleges, feeding houses, educational institutions and medical or public health institutions.

Survey and listing of property

The Government may appoint a Survey Officer of at least Tahsildar rank to survey trust and endowment properties in a specified area. Key provisions include:

• The survey report must identify trusts and endowments, their purposes, gross income, land revenue, charges, taxes and expenses.
• The Survey Officer may summon witnesses, require documents and public records, examine accounts and conduct local inspections or investigations.
• Where a dispute concerns whether a trust or endowment is private or public, clear indications in its deed determine its nature.
• The Board must examine the survey report and publish a list of each trust's and endowment's properties in the Tamil Nadu Government Gazette.
• Survey and publication costs are borne by the respective trusts or endowments in proportion to their assessed net annual income.

Effect on owners and property buyers

A person interested in property included in a published list may bring a suit questioning whether it belongs to the trust or endowment. The suit must be filed within one year from publication of the property list.

Unless a court decision modifies it, the published list is final and conclusive. Property buyers, owners and professionals dealing with potentially affected land should therefore check relevant Tamil Nadu Government Gazette property lists and act within the stated period if ownership is disputed.

Administration by the Board

Act No. 44 of 2018 provides for the Government to establish the Vanniyakula Kshatriya Public Charitable Trusts and Endowments Board by notification. The Board is a corporate body that may hold and transfer property subject to prescribed conditions, and may sue or be sued. Its membership includes community representatives, professional and public service members, women members, trustees or administrators, legislators and ex officio government officials.