Tamil Nadu Vanniyakula Kshatriya Public Charitable Trusts and Endowments (Protection and Maintenance) Rules, 2019
The Backward Classes, Most Backward Classes and Minorities Welfare Department, through G.O. Ms. No. 8, Backward Classes, Most Backward Classes and Minorities Welfare (BC3), dated 4 February 2019, notified rules made by the Governor of Tamil Nadu for protecting and managing Vanniyakula Kshatriya public charitable trusts and endowments. Effective from 4 February 2019, the rules cover property surveys, acquisitions, transfers, public auctions, recovery of improperly transferred property, removal of encroachments, budgets, accounts and annual contributions.
What the rules govern
The Tamil Nadu Vanniyakula Kshatriya Public Charitable Trusts and Endowments (Protection and Maintenance) Rules, 2019 support the administration of trusts and endowments covered by the Tamil Nadu Vanniyakula Kshatriya Public Charitable Trusts and Endowments (Protection and Maintenance) Act, 2018. The rules came into force on 4 February 2019.
The rules affect trustees, administrators, the Board, government officers and people occupying, buying or receiving property belonging to a covered trust or endowment.
Property survey and transactions
The rules establish the following property controls:
- The Survey Officer, assisted by Assistant Surveyors, must measure trust and endowment properties using available revenue records and submit a survey report to the Board.
- The Board may acquire property when supported by a Board resolution, beneficial or necessary, consistent with its objects, reasonably priced and within available funds.
- The Board may transfer property under the same conditions and restrictions, based on a Board resolution and for a fair and reasonable value without causing loss to the Board.
- When the Board sanctions a sale, the trustee or administrator must issue a public auction notice within thirty days.
- Auction notices must appear in at least two leading local Tamil daily newspapers with wide circulation in the district. Copies must also be displayed at the trust or endowment and conspicuously near the property.
- The Board must confirm or reject the auction within forty-five days from the auction date and may cancel an auction for recorded reasons.
Improper transfers and encroachments
The rules provide a recovery process where immovable property was transferred contrary to the Act. The Chief Administrative Officer obtains certified registration documents, verifies the property details and gives notice to the transferor and transferee. After considering objections, the Board may ask the District Collector to recover possession.
The District Collector may direct the person in possession to deliver the property to the Board within thirty days after service of the order. That person may appeal to the court having jurisdiction.
For encroachments, the Chief Administrative Officer may serve notice by messenger, post, delivery to an adult family member or servant, or by displaying it at the last known residence or encroached property. An enquiry must then be held, evidence summarised and an order passed.
Financial administration
Trustees and administrators must submit the next financial year's budget to the Board at least ninety days before that year begins. A trust or endowment with net annual income above Rupees ten thousand must pay the Board six percent of its net annual income each year, with a calculation statement.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Could a purchase of trust or endowment property be challenged?
Yes. If immovable property was transferred contrary to the Act, the transferee may receive notice and the Board may request the District Collector to recover possession. The person ordered to deliver possession may appeal to the court having jurisdiction.
How must a sanctioned sale of trust property be advertised?
The trustee or administrator must issue a public auction notice within thirty days of sanction. It must be published in at least two leading local Tamil daily newspapers with wide district circulation and displayed at the institution and near the property.
Can I inspect the Board's property records or proceedings?
Permission may be granted by the Chief Administrative Officer on payment of fees fixed by the Board. Certified copies may also be provided for the relevant fees, and an unfavourable decision may be appealed to the Chairperson.
What happens if someone is accused of encroaching on trust property?
The Chief Administrative Officer may serve notice using the methods specified in the rules. After service, the officer must hold an enquiry, record a summary of the evidence and pass an order.
