Anda di halaman 1dari 11

DEED OF TRUST

THIS DEED OF .TRUST is made this day of .. (.)hereinafter called the SETTLER (which expression shall unless excluded y or repu!nant to the su "ect or context e deemed to include his heirs# executors# administrators# assi!ns# and representati$es) of the %&E '(RT (&) *. + , . / 0 hereinafter "ointly called T1E TR2STEES (which expression shall unless excluded y or repu!nant to the su "ect and context e deemed to include the trustee or trustees for the time ein! of these presents and3or sur$i$or or sur$i$ors of any of them and their successor or successors in %ffice of the %T1ER '(RT4 WHEREAS *. The Settler is desirous of creatin! an endowment y settin! apart and esta lishin! a 5und for the 'u lic 6harita le o "ecti$ess and purposes in 7ndia hereinafter expressed. +. The Trustees ha$e at the re8uest of the Settler a!reed to act as Trustees of these presents upon the terms and pro$isions hereinafter contained. NOW THIS INDENTURE WITNESSETH AS FOLLOWS: *. 7n order to effectuate the said o "ecti$es of creatin! and esta lishin! a Trust# the Settler has deli$ered to and made o$er to the Trustees a sum of Rs.*9993: (Rupees one thousand) only# with intent to part with all his ri!ht# title and interest# claim therein and $est the same in the Trustees to ha$e and to hold the same and the in$estment3s for the time ein! representin! the same and all other properties that may for the time ein! represent the trust estate to!ether with all additions and accretions thereto and all accumulated income thereof and all other property or properties

2 that may e ac8uired out of the same or otherwise may hereinafter e su "ect to the trust (hereinafter referred to as T1E TR2ST 52&)) for the charita le o "ecti$ess and purposes and uses hereinafter expressed with the powers and on the terms and conditions herein contained of and concernin! the same. The Name of the Trust: +. The name of the Trust shall e .. . Office of the Trust: ,. The office of the trust shall e situated at . -. The office of the Trust may e chan!ed from time to time# at their discretion# to such other place or places# as the Trustees may deem fit and proper. 7n addition to the Re!istered office# the Trust may open the ranch offices or administrati$e offices as it may deem fit or proper for the effecti$e implementation of the o "ecti$es of the Trust as set out in these instruments. To facilitate the Socio-economical and politically disadvantage women and children to come together (Sanghas) identify their problems and to motivate them to overcome through participatory planning and implimentation of the suitable programmes. 1.2. To facilitate the sanghas to form their own networ at various levels, in order to ta eup the local issues. 1.!. To assist the marginali"ed people in rural areas to improve their socical. #conomical and health status. 1.$. To educate on legal aida and legal education for marg for rural mass. 1.%. To intiate and promote child care centers in wor ing areas. 1.&. To create the rural health center and oldage centers for elderly people. 1.'. to educated the promote the rural mass, on the importances of herbal medicines. 1.(. To bring awareness on )*+s, in order to prevent. 1.,. To create the training center in order to ta e up the various traning programmes for local -./0s staff and as well as for the 1arginalised people. 1.12. To cencitaise the rural mass on .overnament programmes which is ment for wea er section and to motivate them to proper utili"ation. 1.11 To intiate and promote the mode demonstrationl form on )griculture, +iary, 3oritculture.4armiculture and nursesary(5orest Ob 1.1.

3 1.12.To eradicate the child laour and motivated the parents to enrole their children to schools. 1.1!To promote various s ills amoung the youth in rural area, through the vocational training center 1.1$.To facilitate and promote the rural women to have their own women ban in the wor ing area.

2. Objectives of the Trust: 1.1%. To publish periadicals The Fi a cia! "ear: .. The financial year of the Trust shall commence on the * st of (pril and conclude on the ,*st of ;arch durin! the succeedin! year pro$ided that the <oard of Trustees shall e at li erty to chan!e the same from time to time if they so deem it fit and proper. The first financial year of the Trust shall close on the ,*st ;arch +99,. #ro$ert%& Fu 's a ' (a a)eme t: /. The Trustees shall from time to time after meetin! the expenses of and incidental to the mana!ement of the Trust 'roperties and of the Trust decide the particular o "ecti$e or o "ecti$es for which the income or corpus of the Trust 5und or 'roperties for the time ein! a$aila le shall e applied. 0. The Trustees may accept any donation# !rant# e8uests# !ifts or contri ution in cash or in =ind from any person# firm# company# corporation# >o$ernment# association# institution or trust (includin! the settler or the trustees or any of them) for the furtherance of the o "ecti$es of the Trust or for any one or more of them upon such terms and conditions as they may in their a solute discretion thin= fit and which are not inconsistent with the o "ects of the Trust. The trustees may also ta=e o$er the mana!ement of any other charita le or pu lic institutions on such terms as they thin= fit and may mana!e such institutions. #o*ers a ' Fu ctio s of the Trustees: ?. @ithout affectin! the !enerality of powers and functions of the trustees to mana!e and administer the trust# the <oard of Trustees shall ha$e the followin! functionsA a. To orrow if needed# a!ainst the security of the assets of the trust y way of an= o$erdrafts# loan or otherwise# as may e necessary# for

4 the enefit of the trust and for more effecti$ely carryin! out the o "ecti$es of the trust pro$ided howe$er the trustees unanimously a!ree on such orrowin! and limited to the terms of their decision or a!reement and to authoriBe one or more of the trustees to execute such documents# deeds# papers# etc. as may e necessary in connection therewith. . To arran!e for and3or authorise the si!nin! of execution of any a!reement# contract# instrument# document or any other paper or writin! re8uired to e si!ned or executed on ehalf of the trust y any one of the Trustee sin!ly or more than one of the Trustees "ointly as may e decided y the <oard of Trustees from time to time and to ma=e the same effecti$e and indin! as if the said a!reement# contract# instrument or document or paper or writin! were si!ned y all the trustees. To appoint or ma=e pro$isions for the appointment of a su :committee or trustees and3or others to attend to or super$ise or conduct specified "o s or functions or trust matters in such manner and su "ect to such rules and re!ulations as the trustees may prescri e. To authoriBe any one or more trustees to hold any property or any fund or any in$estment of the trust su "ect howe$er to the terms of these presents in such manner and su "ect to such terms and conditions# rules and re!ulations as the <oard of Trustees may from time to time thin= fit and proper. To spend any portion of the corpus or the income of the trust fund for purchasin! any land and or constructin! any uildin! or uildin!s for and in the name of the trust for the purpose of carryin! out# promotin! and3or executin! any or all of the o "ecti$es of the trust.

c.

d.

e.

C. The trustees shall cause true and accurate accounts to e =ept of all moneys recei$ed and spent and of all matters in respect thereof in course of mana!ement of trust properties or in relation to the carryin! out of the o "ecti$es and purpose of the trust as well as of all the assets# credits and effects of the trust properties. *9.The trustees may in$est the Trust Estate either in the purchase of immo$a le properties or of mort!a!e immo$a le properties# or in such manner as allowed y law as may e in force from time to time and to con$ert# alter# $ary# dispose of or transfer such in$estments from time to time pro$ided that such in$estments shall not e made which are directly or indirectly for the enefit of any person referred to in su :Section (,) of Section *, of 7ncome tax (ct# *C/*# or any su se8uent amendments as may e made from time to time.

**.7f the income from the trust property in a particular year is not fully utiliBed# the expended income su "ect to the applica le pro$isions of the 7ncome Tax (ct# *C/*# shall e carried o$er to the next year or years and spent in such su se8uent year or years for the ad$ancement of any of the o "ecti$es of the trust. *+.The Trustees shall e at li erty to sell such portion or portions of the mo$a le or immo$a le properties formin! part of the Trust Estate either y pu lic auction or y pri$ate contract at such price or prices and in such terms and conditions relatin! to title or otherwise in all respects as they may in their a solute discretion thin= fit and to rescind or $ary any contract for the sale thereof and to resell the same and to execute all con$eyances or other assurances and to pass $alid and effectual receipts and dischar!es for all moneys recei$ed y them pro$ided that the proceeds of such transactions are in$ested in furtherance of the o "ecti$es of the Trust. *,.The trustees may pay all char!es and out!oin!s paya le in respect of any immo$a le property for the time ein! formin! part of the Trust 5und and may carry out repairs re8uired to e done to the same and =eep the same insured a!ainst loss or dama!e y fire and may incur all other costs# char!es# and expenses incidental to the administration and mana!ement of the Trust Estate and the properties for the time ein! elon!in! to the trust as they may in their a solute discretion thin= fit. *-.The trustees may mana!e or super$ise the mana!ement of any lands# hereditaments# and premises for the time ein! comprised in the Trust Estate or any part thereof with power to erect# pull down# re: uild# and to# alter and repair houses and other uildin!s and to uild drains and ma=e roads and fences and otherwise to impro$e and de$elop and to culti$ate or cause to e culti$ated all or any of the said lands# hereditaments and premises and to insure houses and uildin!s a!ainst loss of dama!e y fire and3or other ris=s or to let# lease# ma=e allowances to and arran!ements with tenants# a!riculturists and !enerally to deal with the said lands# hereditaments and premises as they may deem fit in their a solute discretion. *..The trustees may appoint Secretaries# ;ana!ers# Lawyers# Solicitors# (uditors# (rchitects# En!ineers# Sur$eyors and3or other employees for the purpose of mana!ement and super$ision of the Trust Estate# for collection of rents# effects and profits# for =eepin! the accounts and records and for other purposes of the trust. */.The Trustees may esta lish its office at such place or places and may chan!e such places from time to time as they may thin= fit.

6 *0.The Trustees may demise the immo$a le property or properties for the time ein! and from time to time elon!in! to the trust either from year to year or for any fixed term or for any term of years or on monthly tenancies at such rent and su "ect to such co$enants and conditions as they may thin= proper and also accept surrenders of lease and tenancies and !enerally mana!e the same in such manner as they thin= proper. *?.The trustees shall ha$e full power to comprise or compound all actions# suits# and other proceedin!s and settle differences and disputes touchin! the Trust Estate and3or the Trust 'roperties and to refer any such differences or disputes to ar itration and to ad"ust and settle all accounts relatin! to the Trust Estate and3or the Trust 'roperties and to do all other acts and thin!s fully and effectually without ein! lia le or answera le for any ona fide loss occasioned there y. *C.The trustees may "oin# co:operate and amal!amate the trusts created y these presents or any portion thereof with any trust or institutions ha$in! allied and or similar o "ects upon such terms as they may in their a solute discretion thin= fit. +9.The Trustees may from time to time frame schemes and rules and re!ulations to carry out the o "ects of the trust and for mana!in! the affairs of the trust and otherwise for !i$in! effect to the o "ects and purposes of the trust and to $ary the same from time to time as the trustees may in their discretion deem fit and proper. +*.The receipts !ranted y the trustees or any one or more of them for any moneys# stoc=s# funds# shares# securities or in$estments paid# deli$ered or transferred to them in exercise of the trust or powers hereof shall effectually release and dischar!e the person or persons payin!# deli$erin! or transferrin! the same therefrom and from seein! or from ein! ound to see the application thereof or ein! answera le for the loss or misapplication thereof. ++.The trustees shall e entitled at their discretion from time to time to start# discontinue# a olish and re:start any charity or charita le institutions# to impose any condition or conditions to any su scription or donation made y them and to earmar= any portion of the Trust 'roperty or income for any particular o "ecti$e or o "ecti$es. +,.The trustees may reim urse themsel$es and pay and dischar!e out of the Trust 5und all expenses incurred y them in or a out the execution of the trust or any of their duties under these presents includin! tra$elin! expenses# ut will not e entitled to any remuneration. +a , Accou t a ' Tra sactio of Fu 's:

+-.The Trustees shall =eep an account or accounts with any an= or an=s# to operate such account or accounts whether in de it or in credit and to !i$e all appropriate instructions to the an=er or an=ers concernin! the operation of such account or accounts and to authoriBe# y appropriate resolution# two or more of the trustees to operate the account either sin!ly or "ointly for and on ehalf of the Trust. +..(ll the trustees unless they $oluntarily resi!n or otherwise decide# shall continue to e the trustees durin! the term of their natural li$es. +/.(ny trustee may retire at any time without assi!nin! any reason and without ein! responsi le for any costs occasioned y such retirement and such retirement shall come into effect on acceptance of his3her resi!nation y the <oard of Trustees. +0.The sur$i$in! or continuin! trustees may notwithstandin! any $acancy in their oard act as trustees 'R%D7)E) 1%@EDER that if the num er of trustees shall fall elow two the minimum fixed y these presents# the trustees shall not# except for the purpose of fillin! any $acancy# act so lon! as the num er is elow the said minimum. Office +earers: +?.The trustees for the time ein! shall elect from amon!st themsel$es the office earers comprisin! of one 6hairperson# one Dice 6hairperson# %ne Secretary and %ne Treasurer who shall hold office for one year and after the completion of the desi!nated period e eli!i le to continue in office for a further period as may e decided y the <oard of Trustees# unless (s)he resi!ns or refuses to act as correspondin! office earer or otherwise ceases to e a trustee. (eeti ) of the +oar' of Trustees: +C.The 8uorum for any meetin! of the <oard of Trustees shall e one:third of the total num er of Trustees on roll at any !i$en point of time. The 8uorum shall also apply to e:meetin!s. ,9.(ll proceedin!s and 8uestions and matters arisin! at the meetin! of the trustees shall e decided y a ma"ority of $otes and in case of e8uality of $otes the 6hairperson shall ha$e a second or castin! $ote 'R%D7)E) 1%@EDER that notwithstandin! anythin! herein stated no 8uestion dealin! with the disposal of the corpus of any of the trust properties and3or in$estment out of the trust corpus shall e decided except with the consent of the 6hairperson of the trust.

8 ,*.7n case of difference of opinion etween the trustees the opinion of the ma"ority shall pre$ail and if the trustees are e8ually di$ided in any matter# the 6hairman shall ha$e a castin! $ote. ,+.The resolution in writin! circulated amon!st all the trustees and si!ned y a ma"ority of the trustees shall e as $alid and effectual as if it had een passed at a meetin! of the trustees duly called and con$ened. ,,.&otice of the meetin! of the trustees and all communications may e sent to the trustees at their addresses re!istered for the time ein! in the records of the trust includin! that of e:mail 7). ,-.(ll meetin!s of the trust shall e held at such place and at such time as the 6hairperson of the trust shall decide from time to time. The meetin! of the <oard of Trustees may also e conducted throu!h e:meetin!3s and the resolutions passed throu!h such shall ha$e the same effect as if conducted y physical presence of the Trustees. ,..( trustee who is una le to e present at a meetin! of the trustees may send his $iews on the a!enda in writin! and such expression of opinion shall e ta=en to e his $ote on the matter concerned. ,/.The minutes of the proceedin!s of e$ery meetin! of the trustees shall e entered in a oo= to e =ept for that purpose and si!ned y the chairperson and such meetin! or at the followin! meetin! when they are read o$er and shall when so entered and si!ned e conclusi$e e$idence of the usiness and other matters transacted at such meetin!. E!i)ibi!it%& A'missio a ' Termi atio of Trusteeshi$: ,0.&o person ein! E a. (n underchar!ed insol$ent4 or . 6on$icted of an offence in$ol$in! moral turpitude4 or c. %f unsound mind4 or d. ( minor4 shall e eli!i le to e a trustee. ,?.The power to appoint new or additional trustees shall $est in the continuin! trustee or trustees. ,C.( person shall cease to e a trustee in any of the followin! e$entsA a. 7f (s)he dies4 or . 7f (s)he ecomes an=rupt4 or c. 7f (s)he ecomes insane or otherwise ecome incapa le to act4 or

9 d. 7f (s)he resi!ns his office. -9.%n a new or additional trustee ein! appointed and on his3her si!nifyin! acceptance in writin! to the effect of his acceptin! the appointment# the Trust 'roperty shall automatically $est in him alon! with the other trustees for the time ein! and he will e entitled to carry out all the duties and functions of a trustee without any other deed or writin!. -*.The oard of Trustees shall e entitled to sue in the name of the trust and may similarly e sued in the name of the trust. -+.The <oard of Trustees may# y a unanimous $ote of all the trustees for the time ein! except the trustee proposed to e remo$ed# remo$e any trustee# permanent or otherwise# from office after findin! the trustee proposed to e remo$ed !uilty of serious misconduct in relation to or concernin! the trust estate or trust affairs and after arri$in! at a definite conclusion that for the reasons to e recorded in writin! the continuance of the trustee proposed to e remo$ed as trustee or these presents was desira le =eepin! to the o "ecti$es of the Trust in $iew and other related or connected matters pro$ided howe$er that no conclusion of such !uilt shall e arri$ed at without !i$in! to the trustee proposed to e remo$ed a full and fair opportunity of explainin! his3her conduct and3or the char!es le$eled a!ainst him3her for his remo$al. (nd the decision of the <oard of Trustees in this ehalf shall e final and indin! and shall not e called in 8uestion anywhere. Ame 'me ts: -,.&o amendments to this )eed of Trust shall e made which may pro$e to e repu!nant to the pro$isions of Sections +(*.)# **# *+# *, and ,9> of the 7ncome Tax (ct# *C/* as amended from time to time. 52RT1ER &% (;E&);E&T S1(LL <E 6(RR7E) %2T @7T1%2T T1E 'R7%R (''R%D(L %5 T1E 6%;;7SS7%&ER %5 7&6%;E:T(F.

IN WITNESS WHEREOF the Settler and the Trustees ha$e executed these presents on the day# month and year first a o$e mentioned. Si!ned and deli$ered y the Settler at 1u li in the 'resence ofA @itnessesA *. Si!nature A &ame A (ddress A

(.)

10

+. Si!nature A &ame A (ddress A Si!ned and deli$ered y the Trustees at <an!alore 7n the presence ofA *. @itnessesA *. Si!natureA &ameA (ddressA ,. (.) +. Si!natureA &ameA (ddressA .. (.) /. (...) 0 -. (..) +. () (..)

)rafted yA <.1.>owda )e$elopment 6onsultent &o. */*C# ,rd ( cross *0th ;ain# G.'.&a!ar +nd 'hase <an!alore ./9 90?.

11