Section 27 in Tamil Nadu Vanniyakula Kshatriya Public charitable Trusts and Endowments (Protection and maintenance) Act, 2018
27. Powers and functions of the Board.
(1)Subject to any rules that may be made under this Act, the general superintendence of all trust and endowment shall vest with the Board and it shall be the duty of the Board to exercise its powers under this Act, as to ensure that the trust and endowment under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such trust and endowment were created or intended:Provided that in exercising its powers under this Act, in respect of any trust or endowment, the Board shall act in conformity with the directions of the trust deed or the documents through which the property was dedicated to charitable purposes.Explanation. - For the removal of doubts, it is hereby declared that in this sub-section, trust or endowment includes a trust or endowment in relation to which any scheme has been made by any court of law, whether before or after the commencement of this Act.(2)Without prejudice to the generality of the foregoing power, the functions of the Board shall be-(i)to maintain a record containing information relating to the origin, income, object and beneficiaries of every trust and endowment;(ii)to ensure that the income and the property of trust and endowment are applied for the objects and for the purposes for which such trust and endowment were intended or created;(iii)to give directions for the administration of trust or endowment;(iv)to settle schemes for management of trust and endowment:Provided that no such scheme shall be settled without giving an opportunity of being heard to the affected parties;(v)to scrutinize and approve the budgets submitted by the trustee or administrator and to arrange for auditing of accounts of the trust or endowment;(vi)to appoint and remove the trustees and administrators in accordance with the provisions of this Act;(vii)to take measures for the recovery of lost properties of any trust or endowment;(viii)to institute and defend suits and proceedings relating to property of any trust or endowment;(ix)to sanction any transfer of immovable property of any trust or endowment by way of sale, gift, mortgage, exchange or lease in accordance with the provisions of this Act:Provided that no such sanction shall be given, unless at least two thirds of the total members of the Board vote in favour of such transaction;(x)to administer the Vanniyakula Kshatriya Public charitable Trusts and Endowments (Protection and Maintenance) Fund;(xi)to call for such returns, statistics, accounts and other information's from the trustees or administrators with respect to the property of trust or endowment as the Board may, from time to time, requires;(xii)to inspect or cause inspection of the property of trust and endowment, accounts, records or deeds and documents relating thereto;(xiii)to investigate and determine the nature and extent of trust and endowment and its property and to cause, whenever necessary, a survey of the property of such trust and endowment;(xiv)to direct-(a)the utilization of the surplus income of a trust and endowment consistent with the objects of trust and endowment;(b)in what manner the income of a trust or endowment, the objects of which are not evident from any written instrument, shall be utilized for the benefit of poor Vanniyakula Kshatriya community for their economic, social, educational up-liftment and livelihood activities.(c)in any case where any object of trust or endowment has ceased to exist or has become incapable of achievement, that so much of the income of the trust or endowment as was previously applied to that object shall be applied to any other object which shall be similar, or nearly similar or to the original object or for the benefit of the poor Vanniyakula Kshatriya community for their economic, social, educational up-liftment and livelihood activities:Provided that no direction shall be given under this clause without giving opportunity of being heard to the affected parties;(xv)generally do all such acts as may be necessary for the control, maintenance and administration of trust and endowment.(3)Where the Board has settled any scheme of management under clause (iv) or given any direction under clause (xiv) of sub-section (2), any person interested in the trust or endowment or affected by such settlement or direction may institute a suit in a Court for setting aside such settlement or directions and the decision of the said court thereon shall be final.(4)Where the Board is satisfied that any land belonging to trust or endowment offers a feasible potential for development as a shopping centre, market, housing flats and the like, it may serve upon the trustee or administrator of the concerned trust or endowment a notice requiring him to convey its decision whether they are willing to execute such development as may be specified in the notice within such time, but not less than sixty days, as may be specified in the said notice.(5)On consideration of the reply, if any, received to the notice issued under sub-section (4), if the Board is satisfied that the trustee or administrator is not willing or is not capable of executing the works required to be executed as specified in the notice, the Board may, with prior approval of the Government, take over the property, clear it of any building or structure thereon, and execute such works from the funds of the trusts or endowments or by raising funds on the security of the concerned trust or endowments property and control and manage the properties, till such time as all the expenses incurred by the Board together with interest thereon, the expenditure on maintenance of such works and other legitimate charges incurred on the property are recovered from the income derived from the property:Provided that the Board shall compensate annually the trustee or administrator of the concerned trust or endowment to the extent of the average annual net income derived from the property during the three years immediately preceding the takeover of the property by the Board.(6)On recouping all the expenses as detailed in sub-section (5), from the income of the developed property, the developed property shall be handed over to the trustee or administrator of the concerned trust or endowment.
