Header

Frequently Asked Questions

1. What is the reason for forming the Board?

Many philanthropists belonging to Vanniyakula Kshatriya Community endowed their movable and immovable properties to create charities for the upliftment of downtrodden people. They established educational institutions, constructed choultries, marriage halls and free hostels for the poor people. But the charities did not continue after certain period and their administration raninto problems negating the purpose of their creation. In order to fulfill the testators’ wishes, the Act 44/2018 was enacted to provide protection and maintenance of the public charitable trusts and endowments created and administered by the persons or organisations of Vanniyakula Kshatriya community in the State of Tamil Nadu.

2. What is the composition of the Board?

The Board consist of a Chairperson and 10 members (belonging to the Vanniyakula Kshatriya community), two ex-officio members and Member- Secretary of the Board namely

A chairperson, who shall be a person belonging to the Vanniyakula Kshatriya community;

One person from among the retired Judges of the Supreme court or High court or District court;

One person from the All India Service;

Two persons from among the Member of the Legislative Assembly;

One person from among the trustees of trusts and administrator of the endowments;

One person representing Vanniyakula Kshatriya community organizations;

Two eminent persons having good reputation in the field of legal profession, auditing, business, education, engineering and industry;

Two women who have served the cause of Vanniyakula Kshatriya community;

Secretary to Government, Backward classes, Most Backward classes and Minorities Welfare Department (ex-officio member) and

Commissioner or Director of Most Backward classes and De-notified Communities Welfare Department (ex-officio member)

The Member-Secretary.

3. What is ‘Trust’?

"Trust" means a trust created by a person or group of organisation belonging to Vanniyakula Kshatriya to fulfill charitable purposes as envisaged by the author of the trust.

4. What is ‘Endowment’?

"Endowment" means all property given or endowed for the benefit of, or used as of right by, the Vanniyakula Kshatriya community or any section thereof for the support or maintenance of objects of utility to the said community or section, such as rest-houses, choultries, patasalas, schools and colleges, houses for feeding the poor and institutions for the advancement of education, medical relief and public health or other objects of a like nature; and includes the institution concerned;

5. What is the term of office?

The Chairperson and every member of the Board shall hold office for a period not exceeding three years. The person shall hold office for two terms either as a Chairperson or member or as both.

6. What is the procedure for registration of the trust or endowment in the Board?

Application for registration shall be made by trust or endowment or a beneficiary of it or the descendants of the testator or any person belonging to Vanniyakula Kshatriya community with the following particulars:-

Description of trust or endowment sufficient for identification thereof;

Annual gross income from property of trust or endowment;

The amount of land revenue, cesses, rates and taxes payable annually for the property of trust or endowment;

An estimate of the expenses annually incurred in realization of the income from the property of trust or endowment;

The amount set apart for the following:-

The salary and other allowances to the officers and other employees of trust or endowment,

    (i) For charitable purposes,
    (ii) For the beneficiaries and
    (iii) For such other purposes

A copy of trust deed or will, or if no such deed is available, the particulars of the origin, nature and object of the trust or endowment and particulars regarding beneficiaries, if any.

Any other particulars as may be prescribed by the Board by regulation. (Section 30)

7. Is it compulsory to register the trust or endowment created by the person or group of organisation belonging to Vanniyakula Kshatriya community with the Board?

Yes. As per section 30 of the Act 44/2018, every trust and endowment created before the commencement of this Act, shall be registered with the office of the Board within three months from such commencement and every trust and endowment created after the commencement of this Act shall be registered at the office of the Board within three months from the date of creation of trust or endowment.

8. How many trusts and endowments have been identified?

So far 118 trusts and endowments have been identified.

9. Is there any time limit for filing suit for possession of immovable property?

Section 86 of the Act says that nothing contained in the Limitation Act, 1963 (Central Act 36 of 1963) shall apply to any suit for possession of immovable property comprised in any trust or endowment, or for possession of any interest in such property.

10. What are the powers of the Board?

Section 27 of the Act clearly enumerates the powers and functions of Board. The powers of board are summarised below:

The power of the general superintendence of all trust and endowments.

To ensure that the trusts and endowments 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’

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;

To settle schemes for management of trust and endowment:

To scrutinize and approve the budgets submitted by the trustee or administrator and to arrange for auditing of accounts of the trust or endowment;

To appoint and remove the trustees and administrators in accordance with the provisions of this Act;

To take measures for the recovery of lost properties of any trust or endowment;

To institute and defend suits and proceedings relating to property of any trust or endowment;

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;

To inspect or cause inspection of the property of trust and endowment, accounts, records or deeds and documents relating thereto;

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;

To direct the utilization of the income of a trust and endowment consistent with the objects of trust and endowment;

Generally do all such acts as may be necessary for the control, maintenance and administration of trust and endowment.

11. When the Government can exercise the power of appointment and removal of trustee or administrator?

Under section 64 of the Act, where a deed of trust or endowment, or any decree or order of a court or any scheme of management of any trust or endowment provides that a court or any authority other than a Board may appoint or remove a trustee or administrator or settle or modify such scheme of management or otherwise exercise superintendence over trust or endowment, then, notwithstanding anything contained in such deed of trust or endowment, decree, order or scheme, such powers aforesaid shall be exercisable by the Government:
Provided that where a Board has been established, the Government shall consult the Board before exercising such power.

12. Are there any steps taken by the Board to remove the encroachment?

From the year 1996 onwards, 12.6 grounds of land at Royapettah, Chennai belonging to P.T.Lee Chengalvaraya Naicker Trust was encroached by certain anti-social elements. Previous Board of Trustees were not able to evict the encroachment and their several attempts failed.
However with detailed planning enlisting the support of Police and local people, the encroached land worth Rs 85 Crores was evicted and P.T.Lee Chengalvaraya Naicker Trust took possession of the site. It is contemplating to construct a suitable commercial building which would fetch not less than Rs. 2 Crores of revenue per year.

13. Number of Government aided schools and college run by the Trusts under the control of the board.

16 Government aided schools and 1 Aided College.

14. Number of self-financing schools run by the Trusts under the control of the board.

7 Self-financing schools.

15. Number of self-financing colleges and ITIs run by the Trusts under the control of the board.

9 Self-financing colleges and 2 ITIs.