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Jeevan Ras Foundation

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0% found this document useful (0 votes)
78 views11 pages

Jeevan Ras Foundation

Uploaded by

m.pritimohata
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

TRUST DEED

This Trust Deed of FOUNDATION is made at Settler / Author of the Trust


which expression unless repugnant to the context or meaning thereof
includes their heirs, executors, and administrators, etc., whereas Settler
of the Trust are possessed of and otherwise well and sufficiently entitled
to the sum of Rs.10,000/- (Rupees Ten Thousand only) hereinafter referred to
as said property.

Whereas the Authors of the Trust desire to irrevocably endowing the said
founds upon trust for public, educational, and cultural, purposes, as
hereinafter expressed and contained in this presents and in pursuance of
such desire have already transferred paid and handed over the said
property to the trustees mentioned below. WHEREAS it is the desire of the
Authors of the Trust that the Corpus of the Trust may be further
augmented from time to time by flow of funds and other assets including
moveable and immovable and any other kind by way of Gifts, or
Donations, acquisitions, allotments, grant exchange or otherwise etc.,

WHEREAS the following persons are appointed to be trustees for holding


the said property in Trust for the purposes detailed in this Trust Deed:

NOW THIS DEED OF TRUST WITNESSETH AS FOLLOWS:

1. NAME : T

2. OBJECTS : The objects for which the Trust is founded are:

2.1 Establishing safe and comfortable homes (Gharda Ghar) for elderly
individuals (Bujurg), ensuring they have a dignified living space where
their physical, emotional, and healthcare needs are met.

2.2 Offering shelter, nutritious food, and access to education for


orphaned children, ensuring they are provided with a nurturing
environment that promotes their holistic development, including
mental and physical well-being.

2.3 Creating specialized ashrams for mentally challenged and homeless


individuals, offering them a safe and secure environment, where they
can receive medical care, emotional support, and shelter, ensuring
they are no longer left to wander on the streets.

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2.4 AND GENERALLY to do in all public, charitable purposes for public
benefit without any discrimination of Caste, Creed, Color, Gender,
Religion, Faith, Race or any Nationality. That in case any of the
objects of the Trust are held to be non charitable within the meaning
of section 2 (15) of the Indian Trust Act, or any statutory modification
(s) thereof, the Trustee (s) shall not carry out such objectives.

2.5 No activities of the Trust will be carried out outside India.

3. The managing committee shall consist of all the trustees and shall
elect office bearers of the managing committee from the trustees
consisting of President, Secretary, Treasurer.

i. (Treasurer)

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4. NUMBER OF TRUSTEES:
The number of Trustees including the Author of the Trustees shall not be less
than Two (2) and not more than Seventeen (17) persons. The Board of
Trustees shall nominate and invite person/persons to be the other
trustees for such period, as they may deem fit and proper.

5. TERM OF OFFICE OF THE TRUSTEES:


These Trustees shall hold office for such duration as may be specified by the
board of trustees.

6. PRESIDENT:
There shall be a President / Chairperson for the administration of this trust,
nominated by the board of Trustees, who shall be one amongst trustees
as specified in para (4) above for such period, in such manner as may
be specified in this behalf.

7. TREASURER:
He / She will collect subscription, gift, grant in aid and donations from the
members, social agencies, business typhoon and the general public and
he will also be responsible for keeping and maintenance of true and
correct account of the society funds. He / She have the right to keep Rs.
5000 with him / her for the cause of the Trust.

8. SECRETARY / MANAGING TRUSTEE:


The day-today administration of the Trust shall be looked after by the
Secretary/ Managing Trustee under the guidance, control and
supervision of the Board of Trustees.

(i) The Board of Trustees shall nominate one amongst the trustees
as specified in para (4) above to be the Managing Trustee, who
shall hold office for such period, as may be decided by the Board
of Trustees.

(ii) The Managing Trustee shall perform all functions, discharge such
duties as or specifically entrusted to him/her in writing by the
Board of Trustees.

9. VACANCIES:
Any vacancy among the Members of the Board of Trustees may be filled by
the trustees as specified in para (4) above or their successors and they
shall hold office for such duration as may be specified by the Board of
Trustees.

10. TERMINATION OF OFFICE OF THE TRUSTEES:


(a) Trustee shall cease to hold office:

i) if he /she dies,

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ii) if he /she resigns,

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iii) if he /she is adjudged insolvent or found guilty of an offence
involving moral turpitude.

iv)if he /she is found to have acted against the interest of the Trust.

v) if it is unanimously decided by the Trustees specified in para(4)


above that his continuation in the Office is against the interest of
the Trust.

vi) Upon expiry of the period up to which the Board of trustees have
nominated the trustee.

11. MEETING AND PROCEEDINGS OF THE TRUSTEES:


The Trustees shall ordinarily meet once in 3 months or as often as may be
necessary for the satisfactory conduct of the affairs of the Trust.

12. NOTICE:
15 days Notice shall ordinarily be given in writing for a meeting of Board of
Trustees.

13. QUORUM:
The Quorum for the Meeting of the Board of Trustees shall be two third
numbers quorum is required for a meeting adjourning for want of
Quorum. A minute book shall be kept by the Managing Trustee.
Minutes of entry into the office of every new trustee and of all
proceedings of the meeting of the board of trustee shall be entered in
the minute book and shall be signed by the President of the Meeting.

14. VOTING:
Decisions of the Board of Trustees may be made at a meeting or by
circulation of papers to them. Normal matters of routine nature may
be circulated and decision obtained. The important matters are to be
decided at the meeting. All matters arising for disposal shall be
decided by a majority of the Board of Trustees present at the Meeting.
The President of the Board of Trustees shall have a casting vote in the
event of equality of votes, in addition to his own.

15. POWERS, FUNCTIONS AND DUTIES OF THE TRUSTEES:


(a) All property of the Trust Movable or Immovable or of any other kind,
shall vest in trust, the trustees shall manage the whole property and
affairs of the trust and shall have all powers, duties and functions
necessary proper and incidental to the promotion and carrying out
of the objects of the trust.

(b) In particular and without prejudice to the generality of the foregoing


the trustees shall for the purposes of this trust have the following
powers, duties and functions:

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(i) To acquire by Gift, Grant, Purchase, Exchange, Lease, or otherwise,
lands, buildings, or other immovable properties and also any
Movable Property.
(ii) To construct and maintain buildings, to alter, to demolish or improve
them and equip them suitably.

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(iii) To accept gifts, donations, endowment and contributions for the
Trust and shall be treated as the income of the Trust.

(iv) (a) To raise loans, to receive money, securities or other movable


property on behalf of the Trust.

(b) To accept any trust, trust fund or endowment so long as the


provisions of such Trust or Endowments are in accordance with the
objects of this Trust.

(v) To award scholarship and make donations calculated to promote the


objects of the Trust.

(vi)(a) To enter into contracts, or engagements on behalf of the Trust.

(b) To consider such proposals submitted by Sub –committee appointed


by this trust and allocate such funds if necessary as deemed
necessary for the implementation of the programs.

(vii) To make, sign and execute all such documents instruments, as may
be necessary or proper for carrying on the management of the
properties and affairs of the Trust.

(viii) To invest such money and such funds of the trust and to vary the
investment as and when it may seem necessary or proper provided
that such investments shall be made only upon immovable
properties or upon securities as the board of trustee may deem fit,
under section 20 of the Indian Trust Act, 1882.

(ix) To transfer or otherwise dispose of any immovable property of the


trust provided all the trustees unanimously resolve that it is in the
interest of the trust to do so to lease, mortgage or otherwise dispose
of any movable and immovable properties of the Trust.

(x) To appoint Committee/Committees of management for such terms


and with such powers as may be specified from time to time, for
carrying on the routine management of the affairs of the Trust.

(xi) To appoint such employees on such terms and conditions as the


Trustees may deem fit for carrying out the work of the trust and
exercise control all such employees including the power of
suspension, dismissal and removal.

(xii) To delegate to the Managing Trustee or any appointed committee


such powers, duties and functions as are vested in the Trustees.

(xiii) To frame Bye-Laws and such other regulations as are required for
achieving its objectives.

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(xiv) Out of the income of the trust property the trustee shall be entitled
to spend or incur the following expenses namely

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(a) All rates, taxes, cess, assessments, dues and duties if any payable
to the government to any municipal or other public bodies in respect
thereof or any part thereof.

(b)The premium for the insurance of the buildings or any other


insurable property movable or immovable for the time being
forming part of the trust property.

(c) The costs of ordinary repairs and for providing any amenities to the
buildings for
the time being forming part of the trust property.

(d)The cost of making such additions/alterations or improvements


to or in the buildings forming part of the trust property, as the
trustees shall think fit.

(e) Wages and salaries of any manager, supervisor, accountant, clerk,


servant or other employees employed by the trustees in the
carrying out of this trust.
(f) Cost and expenses of keeping the trust property in good condition.

(f) Cost and expenses for installing and renovating the electrical and
other installations in the building for the time being forming part of
the trust property.

(h) The architect’s fee and legal charges and fee payable to other
professionals engaged in the course of administration of the trust.

(xv) All other costs, charges and expenses of and incidental to the
management and administration of the trust property in accordance
with the objects and purposes hereof or which may be incidental
thereto. After deducting the costs charges and expenses incurred by
the trustee’s as aforesaid out of the total gross income received by
them from the trust property the balance that is the net income will
be utilized for the objects of the trust as decided by the board of
trustees.

16. BANK ACCOUNT:


To open any type of bank account (s) weather saving account, current
account, fixed or otherwise, in the name of the Trust or institution (s) or
programme (s) run by the Trust with any scheduled banks (s) or post
office (s) and to operate by the authorized signatory or signatories as
Board of Trustees shall think fit and proper to authorize any person or
persons, unless and until determined otherwise the such bank
account(s) shall be opened and operated jointly with signatures of any
two members of Board of Trustees. The financial year for the Trust shall
be from 1st April to 31st March and the accounts of Trust or institution
(s) or programme (s) run by the Trust shall be audited yearly by the
auditor(s) or charted accountant or a firm of charted accountants to
be appointed by the Board of Trustees and the fee for auditor(s), if
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paid, shall be a part of outgoing amounts from the Trust Funds.

17. APPLICATION OF THE PROPERTIES OF THE TRUST:


The properties and funds of the Trust shall be applied only for the
purpose of the Trust and for the due administration of its business
affairs and properties provided however that this shall not preclude
payment of any remuneration or allowance or giving of residential
accommodation or any perquisites to any

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trustee in connection with the work carried out by him/her for the
purpose of the Trust.

18. ACCOUNTS:
The Trustees shall maintain a true and correct record of the receipts,
payments incomes and expenses and transactions of the Trust. The
Books of Account of the trust shall be audited by a qualified auditor or
a Chartered Accountant every year i.e., commencing from 1 st April to
the 31st March of next year.

19. DEFECTS OF PROCEDURE IMMATERIAL:


No act of Trustees shall be invalidated by reason only of any vacancy in
the Board of Trustees or any irregularity in the proceedings of the
Board of Trustees or any Committee thereof.

20. AMENDMENTS:
No amendments to the Trust Deed shall be made which may prove to
be repugnant to the provisions of Section 2(15), 11, 12 and 13 and 80G
of the Income Tax Act, 1961 as amended from time to time

21. DISSOLUTION:
In the event of dissolution of winding up of the Trust the assets of the
trust remaining on the date of dissolution shall under no circumstance
be distributed among the Trustees, but the same shall transferred to
other Trust, Society, Association or Institution whose objects are similar
to those of this Trust.

IN WITNESS WHEREOF THE AUTHOR OF THESE AND TRUSTEES HERETO


HAVE SET THERE RESPECTIVE HANDS THE DAY AND YEAR FIRST HEREIN
ABOVE WRITTEN.

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