Pachaiyappa's Trust (Taking over of Management) Second Amendment Act, 1987*
| [Tamil Nadu Act No. 56 of 1987] | [18th December, 1987] |
An Act further to amend the Pachaiyappa's Trust (Taking over of Management) Act, 1981
Whereas doubts have arisen in regard to the application of the Pachaiyappa's Trust (Taking over of Management) Act, 1981 to certain public trusts and endowments which were managed and administered by the Board of Trustees of the Pachaiyappa's Trust immediately before the 22nd December, 1980 in addition to the Pachaiyappa's Trust;
And Whereas the object of the Government was to take over the management of not only the Pachaiyappa's Trust but also all other public trusts and endowments which were managed and administered by the Board of Trustees of the Pachaiyappa's Trust immediately before the 22nd December, 1980;
And Whereas it is expedient and necessary to remove such doubts; and make it clear that the Act shall apply and shall be deemed to have applied to all public trusts and endowments which were managed and administered by the Board of Trustees of the Pachaiyappa's Trust immediately before the 22nd December, 1980;
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Thirty-eighth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 18th December, 1987 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title and commencement.- (1) This Act may be called the Pachaiyappa's Trust (Taking over of Management) Second Amendment Act, 1987.
(2) It shall be deemed to have come into force on the 22nd December, 1980.
2. Amendment of long title to Tamil Nadu Act 11 of 1981.- In the long title to the Pachaiyappa's Trust (Taking over of Management) Act, 1981 (Tamil Nadu Act 11 of 1981) (hereinafter referred to as the principal Act), after the expression "Pachaiyappa's trust", the expression "and of the public trusts and endowments specified in the Schedule" shall be, and shall be deemed always to have been inserted.
3. Amendment of preamble to Tamil Nadu Act 11 of 1981.- In the preamble to the principal Act,-
(1) in the first paragraph,-
(a) aster the expression "the Board of Trustees of the Panchaiyappa's trust" the expression "(who are also trustees in respect of the public trusts specified in the Schedule and also ??? of the endowments specified in the Schedule)" shall ??? be deemed always to have been, inserted;
(b) for the expression "under its control", the expression ??? the control of the said Board of Trustees" shall be, and ??? be deemed always to have been, substituted;
(2) in the second paragraph,-
(a) after the expression "present Board of Trustees of the ??? trust" the expression "(who are also trustees in ??? of the public trusts specified in the Schedule and also ??? the endowments specified in the Schedule)" shall be, and ??? deemed always to have been, inserted;
(b) for the expression "under its control", the expression ??? the control of the said Board of Trustees" shall be, and ??? be deemed always to have been, substituted;
(3) in the third paragraph, for the expression "management of the Pachaiyappa's trust by the present Board of Trustees", the ??? "management of the Pachaiyappa's trust and of the ??? and endowments specified in the Schedule, by the ??? Board of Trustees (who are also trustees in respect of the ??? trust specified in the Schedule and also administrators of the ??? specified in the Schedule)" shall be, and shall be ??? always to have been, substituted;
(4) in the fourth paragraph,-
(a) after the expression "management of the Pachaiyappa's ??? in the two places where it occurs, the expression "and of the Public trusts and endowments specified in the Schedule" shall be and shall be deemed always to have been, inserted;
(b) after the expression "by the Board of Trustees", the expression "(who are also trustees in respect of the public trusts specified in Schedule and also administrators of the endowments specified in the Schedule)" shall be, and shall be deemed always to have been, inserted;
(5) in the fifth paragraph,-
(a) after the expression "management of the Pachaiyappa's trust" the, expression "and of the public trusts and endowments specified in the Schedule" shall be, and shall be deemed always to have been, inserted;
(b) for the expression "said trust", the expression "said trusts and endowments" shall be, and shall be deemed always to have been, substituted.
4. Amendment of section 1, Tamil Nadu Act 11 of 1981.- In section 1 of the principal Act, in sub-section (1), after the expression "Pachaiyappa's Trust", the expression "and the Scheduled Public Trusts and Endowments" shall be, and shall be deemed always to have been, inserted.
5. Amendment of section 2, Tamil Nadu Act 11 of 1981.- In section 2 of the principal Act,-
(1) in clause (a), the following shall be, and shall be deemed always to have been, added at the end; namely:-
"which Board of Trustees are also trustees in respect of the public trusts specified in the Schedule and also administrators of the endowments specified in the Schedule;";
(2) in clause (c), the following shall be, and shall be deemed, always to have been, added at the end, namely:-
"and includes the Scheduled public trusts and endowments."
(3) in clause (d), the following shall be, and shall be deemed always to have been, added at the end namely:-
"and includes any scheme, deed of public trust or any will or deed of endowment or any order of court or decree, or any other instrument whatsoever creating or governing the Scheduled public trusts and endowments;";
(4) after clause (d), the following clause shall be, and shall be deemed always to have been, inserted, namely:-
"(e) "Scheduled public, trusts and endowments" means' the public trusts and endowments specified in the Schedule to this Act and includes educational institutions, charities and properties under the control of the said public trusts and endowments.".
6. Amendment of section 6, Tamil Nadu Act 11 of 1981.- In section 6 of the principal Act, the following proviso shall be, and shall be deemed always to have been, added at the end, namely:-
"Provided that nothing contained in clause (b) shall, in so far as it relates to Scheduled public trusts and endowments, render any person liable to any, punishment whatever by reason of his failure to comply with the provisions of clause (a) on or after the 22nd December, 1980 and before the 2nd October, 1987."
7. Addition of Schedule to Tamil Nadu Act 11 of 1981.- To the principal Act, the following Schedule shall be, and shall be deemed always to have been, added at the end, namely:-
"SCHEDULE
[See clause (e) of section 2]
| Serial number | Description of public trusts and endowments |
| (1) | (2) |
| 1 | P.T. Lee Chengalvaroya Naicker's Public Trust (Will of Chengalvaroye Naicker, dated 4th October, 1870 and his ???, dated 30th April, 1873). |
| 2 | Govindu Naicker's Public Trust (Will of Govindu Naicker, dated 25th March, 1846). |
| 3 | Devalla Ramaswamiah's Endowment (Gift deed of Devalla Sundarammal, wife of Devalla Ramaswamiah, dated 30th May, 1904). |
| 4 | Olati Ranganayakiammal's Public Trust (Will of Olati Ranganayakiammal, dated 30th March, 1904). |
| 5 | Chellammal's Public Trust (Chellammal's will, dated 22nd November, 1913 and her subsequent Wills, dated 11th November, 1915, 16th October, 1916 and 10th March, 1917). |
| 6 | C. Shanmugasundara Mudaliar's Public Trust (Decree of the High Court, Madras in C.S. No. 396 of 1912) |
| 7 | P.K. Vidyasagaram's Public Trust (Will of P.K. Vidyasagaram dated 23rd July, 1928). |
| 8 | T.B. Venkatachalam Pillai Public Trust (Will of T.B. Venkatachalam Pillai, dated 21st January, 1931). |
| 9 | Oomapathi Pathars Endowment (Will of Oomapathi Pathar, dated 31st July, 1922). |
| 10 | Gantasala Yesodammal Endowment (Court sale, dated 8th May, 1936). |
| 11 | C. Srinivasa Rao's Public Trust (Will of Caravadi Srinivasa Rao, dated 20th November, 1902). |
| 12 | E. Doraiswamy Mudaliar Public Trust (Will of Doraiswamy Mudaliar, dated 7th June, 1942). |
| 13 | Maragadammal Endowment (Will of Kavalambal alias Maragathammal, dated 7th May, 1922). |
| 14 | Kamalavalli Thayarammal Endowment (Settlement deed, dated 31st January, 1945 executed by C. Veeraraghava Chetty, husband of Kamalavalli Thayarammal). |
| 15 | Venkatavaratha Pillai Public Trust (Settlement deed, dated 22nd December, 1954 executed by Venkatavaratha Pillai). |
| 16 | Rajathiammal Public Trust (Settlement deed, dated 11th, July, 1955 executed by Rajathiammal). |
| 17 | Dhanakotiappa Endowment (Will of) Dhanakotiappa, dated 25th February, 1957). |
| 18 | Venkatachala Mudaliar Public Trust (Will of M. Venkatachala Mudaliar, dated 31st July, 1959). |
| 19 | R.D. Saravanavelu Mudaliar Endowment (Will of R.D. Saravanavelu Mudaliar, dated 10th October, 1937).". |
8. Application of the principal Act, as amended by this Act.- The principal Act, as amended by this Act shall apply, and shall be deemed always to have applied, to the public trusts and endowments (including educational institutions, charities? and properties under the control of the said public trusts and endowments) specified in the Schedule to the principal Act, as amended by this Act.
9. Validation.- Notwithstanding anything contained in the principal Act, or in any judgment, decree or order of any court, anything done or any action taken by the Government or any officer; of the Government or the Committee of management or the Chairman for any member of the Committee of management, in respect of the public trusts and endowments (including educational institutions, charities and properties under the control of the said public trusts and endowments) specified in the Schedule to the principal Act, as amended by this Act, at any time on or after the 22nd December, 1980 and before the 2nd October, 1987, shall, for all purposes, be deemed to be, and to have always been, validly done or taken in accordance with law as if the principal Act, as amended by this Act, had been in force at all material times and it shall not be liable to be questioned in any court of law.
10. Act to override other laws, judgments, decrees, etc.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom, usage or judgment or decree or order of a court or other authority.
11. Repeal and saving.- (1) The Pachaiyappa's Trust (Taking of Management) Second Amendment Ordinance, 1987 (Tamil Nadu Ordinance; 7 of 1987) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.