Trust Deed
Trust Deed
Trust Deed
This indenture of trust Entered into on this ..day of2003 by and between: s/o.aged about..years, presently residing at, hereinafter called A T!"# "$ T!E T# %T&'hich e(pression shall )ean and include whene*er the conte(t so re+uires his heirs, e(ecuters and ad)inistrators, of the one part. And &-, &2, s/o..aged aboutyears, residing at.. .s/o.aged about .years residing at..
!ereinafter collecti*ely called the T# %TEE% &'hich ter) and e(pression shall whene*er the conte(t so re+uires or ad)its )ean and include the Trustees appointed or no)inated under these presents, of the other part. And whereas, T!E A T!"# "$ T!E T# %T is desirous of constituting a Trust to ser*e the public at large irrespecti*e of cast, creed, religion or race and politics. And whereas, for the purpose of i)ple)enting the abo*e ob.ecti*es, the A T!"# has decided to set apart and settle a su) of #s&#upees.,as a /orpus of the Trust. And whereas, at the re+uest of the A T!"# the abo*e na)ed Trustees ha*e agreed to be the $irst 0oard Trustees.
And 'hereas, prior to the e(ecution of these presents, the A T!"# has handed o*er to the Trustees a su) of #s. &, the receipt of which a)ount the Trustees do hereby ad)it and ac1nowledge to ha*e recei*ed as the /orpus of the Trust along with such other contributions or gifts and grants of )o*able or i))o*able property which the Author or any person/persons or associations etc., )ay ta1e thereafter with specific direction that the sa)e shall for) the part of the /orpus shall be in*ested in inco)e earning in*est)ents specified in section -3&-,&d, read with section --&2,of the 3nco)e Ta( Act -45-, as a)ended fro) ti)e to ti)e. !owe*er the inco)e deri*ed fro) such /orpus shall be at the disposal of Trustees for the day to day e(penses of the Trust. 3t shall be co)petent for the T# %TEE% fro) ti)e to ti)e to fra)e, )a1e and enforce all such #ules, #egulations and /or bye6laws not inconsistent with the e(press pro*isions of the T# %T as the T# %TEE% )ay dee) proper for securing and facilitating the ad)inistration and )anage)ent in detail of the *arious depart)ents relating to the acti*ities and affairs of the T# %T and for con*ening, conducting and regulating the )eeting of the T# %TEE% and for appointing the sub6co))ittee&s, and generally for the )anage)ent and ad)inistration of the T# %T estate and also fro) ti)e to ti)e repeal, alter, a)end, rescind or add to all such #ules, #egulations and bye6laws and also to pass resolutions in connection with all or any of the said )atters at their )eeting. And whereas, the Author and the Trustees are now desirous of declaring the Trust and E(ecuting this 7eed concerning the said corpus or the Trust and the said pro.ect, 8ow, therefore this deed of Trust witnesses as follows: 1. Name of the Trust: This Trust shall be na)ed as9:.
2. Office of the Trust: The office of the Trust shall be at or such other places in ;arnata1a or in such other places in 3ndia as the Trustees )ay decide fro) ti)e to ti)e. 3. Objectives of the Trust: 3.To facilitate the socio6econo)ical and politically disad*antage wo)en and children to co)e together &%anghas, identify their proble)s and to )oti*ate the) to o*erco)e through participatory planning and i)ple)entation of the suitable progra))es. 3.2 To facilitate the %anghas to for) their own networ1 at *arious le*els, in order to ta1e up the local issues. 3.3 To assist the )arginalised people in rural areas to i)pro*e their social and econo)ical and health status. 3.< To educate on legal aids and legal education for )arginalised for rural )ass. 3.2 To initiate and pro)ote child care centers in wor1ing areas. 3.5 To create the rural health center and old age centers for elderly people. 3.= To educate and pro)ote the rural )ass, on the i)portance:s of herbal )edicines. 3.> To bring awareness on A37%. 3.4 To create training centers in order to ta1e up the *arious training progra))es for local 8?":s staff and as well as for the )arginalised people. 3.-0 To sensiti@e the rural )ass on ?o*ern)ent progra))es which is )eant for wea1er sections and to )oti*ate the) to proper utilisation. 3.-- To initiate and pro)ote the )ode de)onstrational for) on Agriculture, 7iary, !orticulture, Aar)iculture and 8ursery&$orest and $ruits saplings,. 3.-2 To eradicate the child labour and )oti*ated the parents to enroll their children to schools.
3.-3 To pro)ote *arious s1ills a)ong the youth in rural areas, through the *ocational training centers. 3.-< To facilitate and pro)ote the rural wo)en to ha*e their own wo)en ban1 in the wor1ing area. 3.-2 To publish periodicals on rural issues. 4. Resources of the Trust: To pursue the abo*e ob.ecti*es the Trust )ay: <.!old the abo*e said Trust $und and all other funds, )oney and property which )ay be recei*ed either by way of donation, subscription, gifts, inco)e, rent, interest, di*idends or otherwise howsoe*er and all in*est)ents representing the Trust funds, on Trust sub.ect to the powers, pro*isions, agree)ents and declarations hereinafter declared and contained concerning the sa)e.
<.2 Ac+uire purchase/lease/)ortage/gifts/grant/allot)ent/be+uest/e(change properties. #ights, pri*ileges or otherwise fro) any persons, co)pany, society, go*ern)ent, institutions, organi@ations or any body, whatsoe*er )o*able or i))o*eable properties of all descriptions, dee)ed public or pri*ate for carrying out the ob.ects of Trust and to construct buildings and effect the i)pro*e)ent and to )aintain the). <.-. Alienate by the way of sales, )ortgage, lease, release, loan charge, hypothecation, pledge, e(change, hiring out, gifts or otherwise deal with the properties with or without security of any portion or portions thereof, including leasing the portion of the building, if re+uired for the purpose of the Trust, )a1ing or gi*ing subscriptions, contributions, assistance, pecuniary or otherwise to charitable or other institutions, bodies or persons fro) ti)e to ti)e as decided necessary or e(pedient by the Trustees.
<.2. $or the purpose of carrying out the ob.ect of the Trust and for pro*iding the facilities and for underta1ing the acti*ities as )entioned abo*e, the Trustees shall be entitled to utili@e the funds of the Trust as well as its inco)es in such a )anner as they thin1 proper. <.3. 3n*est )oney so contributed or recei*ed by the Trust or a)ount ac+uiring to it by whatsoe*er )anner, in the )odes specified under the pro*ision of section -3&-,&d, read with section -- &2, of 3nco)e Ta( Act of -45- as a)ended fro) ti)e to ti)e. <.<. The Author hereby declares that the benefit of this Trust shall endure to the entire public irrespecti*e of caste, creed or religion 5. O!RD OF TRUSTEES" 2.-. shall be Trustee for life 2.2. The nu)ber of Trustees shall not be less than three or )ore than nine. 2.3. The Trustees )ay retire on gi*ing a notice of fifteen days to the Bresident in writing. 2.<. The )a.ority of the Trustees shall ha*e the right to appoint new Trustee/s. 2.2. B"'E#% "$ T!E 0"A#7 "$ T# %TEE%. -. The board of Trustees shall appoint a)ong the)sel*es a Bresident, a %ecretary and a Treasurer of the Trust. 2. The president shall preside o*er the )eetings of the Trust and in his absence or inability by any other Trustee elected to preside. 3. The president shall super*ise the general ad)inistration of the Trust.
2.5. %E/#ETA#C -. The 0oard of the Trustees shall appoint any one of the Trustees as the secretary of the Trust or the Trustees can appoint a %ecretary for re)uneration. 2. nder the direction of the Bresident the %ecretary should )aintain all docu)ents in his custody and shall attend to the day to day ad)inistration of the Trust. 3. The %ecretary shall be E(ecuti*e "fficer under the Bresident to e(ecute to carry out the decision of the 0oard of Trustees. 2.=. T#EA% #E#: The 0oard of Trustees shall appoint any one of the Trustees as the Treasurer of the Trust. The Treasure shall be responsible to 1eep true and correct accounts of the Trust and shall be e)powered to operate the accounts .ointly with the Bresident/%ecretary. The annual state)ent of e(penditure and receipts shall be prepared by the Treasurer and he/she shall place regularly the audited financial state)ent before the 0oard of Trustees. 2.>. The president for subse+uent ter)s shall be elected by the 0oards of Trustees. !owe*er, in the e*ent of the office of the Bresident re)aining *acant due to the death, incapacity or non a*ailability of the Bresident, the %ecretary shall assu)e the office of the Bresident has pro6 ter) period not e(tending beyond three )onths, with in which ti)e the secretary shall arrange to conduct election for the post of Bresident. 3n this e*ent all the Trustees are dee)ed to be *oters ha*ing e+ual *oting rights. The election of the Bresident, in such an e*ent shall be conducted by any person/s¬ necessarily the Trustee/s, as )ay be resol*ed by )a.ority )e)bers of the 0oard of Trustees. 3n the e*ent %ecretary failing to arrange to conduct the said election, )a.ority of the Trustees shall be e)powered to call the Trustees )eeting and conduct the said election. 2.4. The +uoru) re+uired for a )eeting of the 0oard of Trustees shall be three. 2.-0. The Bresident, %ecretary and Treasurer shall hold office for a period of three years.
2.--. An annual )eeting of the 0oard of Trustees shall be held on or before -st of August, e*ery year, in which there shall be sub)ission of accounts with the balance sheet, Audit reports, appoint)ent of the post of the office 0earers and appoint)ent of the auditor. A )ini)u) of 2- days written notice prior to the )eeting shall be gi*en for the Annual 0oard )eeting. #. DE$%S%ON &!'%N(: E*ery resolution or decision of the Trustees, unless unani)ous, shall be ta1en by the 0oard of Trustees present *oting and in the case e+uality of *otes the Bresident shall ha*e a casting *ote. The Trustee )ay pass any resolution by circulation if it is unani)ous. 8o *acancy on the 0oard of Trustees shall in*alidate any proceedings or Acts or decisions of the 0oard. The *oting will ta1es place by the show of hands or a si)ple )a.ority, pro(y *oting is not allowed. 5.-. The )eeting of the 0oard of Trustees shall be held at least once in si( )onths but any nu)ber of )eetings )ay be held as and when found e(pedient. A )ini)u) of fi*e days notice in writing shall be gi*en for such )eetings. 3t is howe*er open for Trustee to wai*e such notice. 5.2. A )inute boo1 shall be 1ept by the Trustees. units of entry in to office of e*ery new Trustees and of all proceeding of the )eetings of the 0oard of Trustees shall be faithfully recorded in the )inute boo1 and shall be signed by the Bresident and %ecretary either at the conclusion thereof or at the nest )eeting or when they shall ha*e been duly and fully co)prised. 5.3. % 0%/3BT3"8%: The Trust shall be entitled to le*y and collect such fees, charges or subscriptions as the Trustees decide for facilities or ser*ices rendered and / or for carrying out its pro.ect and for the use of any of their e+uip)ent, buildings, roo)s etc. 5.<. # DE% A87 #E? DAT3"8%: The Trust shall be entitled to fra)e rules and regulations for the conduct of their business and for the ad)inistration of the Trust and for carrying out their specific ob.ecti*es and progra))es and for the )aintenance and conduct of its pro.ect, acti*ities
and facilities and to alter, a)end and *ary such rules and regulations fro) ti)e to ti)e as they )ay dee) it proper. !owe*er, such rules and regulations shall not be in contra*ention of the pro*ision of the 3ndian Trust Act and the 3nco)e Ta( Act, -45- in this respect. 5.2. %TA$$: The Trustees shall be entitled to engage such staff and wor1er upon ter)s as to re)uneration or other connected )atters as they )ay dee) proper and to suspend, re)o*e or dis)iss or dis)iss persons so e)ployed and to )a1e pro*ision for the benefit of the staff by way of pro*ident fund, gratuity or otherwise as the Trustees )ay dee) proper. 5.5. A//" 8T%: The accounts shall be closed on the 3-st Earch e*ery year, The accounts shall be audited by charted Accountant e*ery year. The first $inancial year of the Trust shall close 3-st Earch The 0an1 Accounts of the Trust shall be in the Foint na)es of the Treasurer and one of the Trustees of the Trust. The said account shall be operated under the .oint signatures of Treasurer and one of the Trustees who has been e)powered to do so by the 0oard of Trustees. 5.=. #ETA3#EE8T "$ T# %TEE%: -. Any Trustees )ay retire fro) the office of the Trust on gi*ing fifteen days ad*ance notice in writing to the Bresident. 2. A Trustee shall auto)atically cease to be the Trustee and shall *acate the office of the Trustee on the happening of any of the following: a. 0y death b. #esignation c. 0y beco)ing insane person d. 3f he/she is ad.udged insol*ent e. 0y e(pulsion 5.>. EGB D%T3"8 "$ T!E T# %TEE%: 3f any Trustee act against the interest of the Trust or does not attend a )ini)u) of one )eeting of the 0oard of Trustees, then he/she )ay be e(pelled by the 0oard of Trustees by 2/3 )a.ority after obser*ing the principles of natural .ustice. 5.4. ABB"38EE8T "$ T# %TEE%:
3n the case of death, inability, resignation or e(pulsion of the Trusteeship of the Trustee, 2/3 )a.ority of Trustees shall be entitled to no)inate any other person as they )ay thin1 fit and proper to act as a Trustee in the place of ceased Trustees. =. 8AT #E "$ T!E T# %C: =.-. The Trust shall be charitable trust and the property, )oney and the inco)e thereof shall be solely applied in 3ndia towards the pro)otion of the ob.ect for which the Trust is established and no portion thereof shall be distributed as profits, interest, di*idends etc, a)ount the Trustees. =.2. The Author consider that the ob.ect of the Trust will be better achie*ed if the inco)e of the Trust is e(e)pt under the 3nco)e Ta( Act. 3n case howe*er a particular clause/s of the instru)ent of the Trust has been inad*ertently clothed in a language capable of interpretation in conflict with the rele*ant pro*ision of the 3nco)e Ta( Act granting e(e)ptions, it is e(pressly declared that such clauses shall ha*e restricted )eaning so that the rele*ant 3nco)e Ta( pro*ision will always ha*e the o*er Hriding effect. =.3. The Trust is irre*ocable. >. 73%%"D T3"8: The Author declares that in the e*ent of dissolution or winding of the Trust. The assets of the Trust shall not be used by the Author or the Trustees but the sa)e shall be transferred to another Trust. %ociety or institutions whose ob.ect are si)ilar to those of this trust and which en.oy recognition under section >0? of the 3nco)e Ta( Act, -45- as a)ended fro) ti)e to ti)e. 4. AEEE87EE8T%: 4.- The 0oard of trustees shall be co)petent to carry out such a)end)ents as )ay be necessary to achie*e the ob.ecti*es of the Trust and for the s)ooth functioning of the Trust. 8o a)end)ents to the Trust deeds and the rules and regulations of the Trust shall be )ade which )ay pro*e to be repugnant to the pro*isions of section 2&-2,,-- to -3 and >0? of the 3nco)e Ta( Act, -45- as a)ended fro) ti)e to ti)e. $urther, no a)end)ent shall be carried out with out the prior appro*al of the Furisdictional /o))issioner of 3nco)e Ta(.
4.2
The Trust deed and the rules and regulations of the Trust shall be interpreted by the 0oard of Trustees and their decisions shall be final and binding. 4. DE?AD B#"/EE738?%: %hould any occasion arise for any proceedings to be instated or defended in any court of law, ci*il, cri)inal, or re*enue or before any authorities or any tribunal constituted by law, the Bresident or such other person/s, as are to be appointed by the 0oard of Trustees to sign and *erify co)plaints. Bleadings, application to co)pro)ise or to refer to arbitration, whole or any part of the clai) by or against the Trust, to represent the Trust and he/she alone shall be co)petent to engage lawyers and to ta1e all necessary steps and incur all e(penses an that behalf. The Author has signed on all the pages of this deed and the Trustees ha*e subscribed their signature to the last page only. 3n witness whereof, he Author and the Trustees ha*e e(ecuted this deed of Trust in the presence of the witnesses one this day of T %TEE% 2 3 < 2 5 = A"T!"# '3T8E%%E% 2 7A$TE7 0C 0.!.?"'7A 7e*elop)ent consultant.