Trust Deed
Trust Deed
Trust Deed
IN FAVOUR OF
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AND WHEREAS THE TRUSTEEES named above are willing to accept the office of
the Trustees for the purposes of carrying out the wishes of the SETTELOR of the
Trust under the provisions and directions set forth herein, so as to enable to
pursue its vowed objects.
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hereby created for intent and purposes as stated in this TRUST DEED and
subject to provisions, restrictions, limitations and laws of the Land.
I. OBJECTS OF TRUST :
The objects of the Trust are:
1. To establish and maintain trees growth in the Public Parks of Ballari
Urban Development Board, in the Civic Amenities Sites and to take
up cleaning work in the said parks and to protect the existing old
trees and plant more number of trees in the said parks.
2. Providing financial assistance for the feeding the poor directly and
through other institutions.
3. Grant of donations to any other Meditation Trust, Temple, Mosque,
Church Gurudwara and other places of worship and /or religious
institutions. However the Trust shall not take any religious
activities.
4. Establish PYRAMID method of Meditation Halls in the Ballari
City/elsewhere for conduct of meditation courses and to practice
the PYRAMID method of meditation to all the members and public
at large free of cost.
5. The Trustee shall Endeavour to submit request to BALLARI URBAN
DEVELOPMENT AUTHORITIES and other Governmental Authorities,
for the purpose of getting allotted land on vacant Civic Amenities in
any of the Parks of Ballari City, in particular in Gandhinagar, on
lease basis and to develop and Establish Meditation Halls on the
method of PYRAMID SHAPE for the purpose of practice of
meditation to the General Public and for this purpose to raise funds
from Public by collecting donations, subscription, life membership
etc.,
6. The Trustee shall Endeavour to enroll members of Public who are
desirous to learn PYRAMID method of meditation and shall offer
meditation course free of any charges to all the Public irrespective
of caste and creed.
7. The Trust will not carry out any activities with intention to earning
profit and will perform with service motive only.
8. No activities of the TRUST will be carried out side INDIA.
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II. BENEFECIARIES OF TRUST:
The Trust is established for the benefit of citizens of India and the class
of people mentioned above without any discrimination of caste,
religion and creed or sex.
III. PROPERTIES:
The Trust properties shall consists of
1. The amount Transferred by the SETTLOR as mentioned above,
towards the Corpus of fund of Trust.
2. Any cash, kind, properties, movable and immovable that may be
acquired by purchase, lease, or otherwise or all the manner of
rights, title or interest in over any property movable or immovable.
3. All additions and accretions to the Trust properties and income
there from.
4. All the donations, gifts, legacies or grants in cash or kind or any
immovable properties accepted by the Trustees upon Trust.
5. The properties of the Trust shall be utilized for the objects set forth
herein above and subject to the provisions and conditions herein
mentioned.
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4. Any Trustee, including the Managing Trustee may retire from the
Trusteeship hereto by giving two calendar months notice in writing
of his her intention to do so, to the Board of Trustees and after
expiry of period of notice, the Trustee giving the Notice shall isp
facto cease to be a Trustee of these presents.
5. Any Vacancy caused by death of any one of First Trustees, or any
vacancy caused by resignation of any of the Trustees, may be filled
up co-option by the Board of Trustees.
6. The Trustees who are not First Trustee or First Trustees shall hold
office for a period of one year from the date of appointment by the
Trustees. At the end of this one year period, the Board of Trustees
may reappoint them for subsequent term or any other person as
Trustee in such a manner that the total number of Trustees does
not exceed the approved maximum number of Trustees.
7. The Managing Trustee shall have the power to remove a Trustee
suffering from physical or mental disability or if he is accused of
misfeasance of trust funds or property or property or misconduct,
after satisfying himself on enquiry and such action of the Managing
Trustee shall be final.
8. The proceedings of the Board of Trustees shall not in any way be
invalidated due to any post or posts remaining vacant. During the
time when a vacancy is yet to be filled, the remaining Trustees shall
act as “Full Board”, subject to the presence of Quorum in the
meetings. Any vacancy in the Board of Trustees or illegality in the
appointment of the Trustees or their proceedings shall not
invalidate any prior act or decision of the Board.
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2. The income and the properties of the Trust will be solely utilized
towards the objects of the Trust and no portion of it will be utilized for
payment to the Settler, or Trustees or their relatives by way of salary,
allowances, profit, interest, dividend etc.
3. To open one more bank accounts and operate the same or provide for
operation of the said accounts by any two among them authorized on
their behalf.
4. To invest the Trust funds in the manner not prohibited by any
provisions of the Income Tax Act 1961.
5. To buy, sell, mortgage, grant, lease¸ hire or otherwise alienate all or
any of the properties of the Trust in its discretion for adequate
consideration, so however any sale or alienation of immovable
properties of the trust can be done only after obtaining prior approval
of the Commissioner of Income Tax.
6. To take on lease the vacant Revenue lands and sites allotted for Civic
Amenities in approved layout of Ballari Urban Development
Authority,/Deputy Commissioner Ballari , for the purpose of
construction of Mediation Halls for the use mediators and to execute
agreement with Authorities in this behalf.
7. To execute power of attorney or powers of powers of attorney to any
person for the purpose of executing, administrating or managing the
whole or any part of the Trust for the purpose of all or some among
the objects of the Trust.
8. To barrow the money with or without security and to repay the same.
9. To receive, collect and enforce recovery of all the monies due or
payable to the Trust and grant receipts and discharges thereof.
10. To settle, compromise or compound any dispute or refer the same to
arbitration or litigation.
11. To receive voluntary contribution from any person or persons from
India or outside, after complying with the statutory formalities, by way
of donation, gifts or in any other manner and to hold the same upon
Trust for the objects set forth herein.
12. To appoint, suspend, dismiss or otherwise deal with the staff required
for the administration of the Trust, to frame rules relating to their
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salaries, and other benefits and generally to exercise all the powers
ancillary and incidental to effectively carry out the objects of the Trust.
13. The Board shall have power to make and rescind rules and regulations
for the management and administration of the Trust.
14. The Trustees shall hold honorary office and shall not be entitled to any
salary, allowances, or perquisites, except for the reimbursement of
actual expenses incurred in connection with attending to the Trust
matters.
15. The Board of Trustees shall have power to appoint Advocates and issue
vakalath to the Advocate to defend or to plead any cases in the
Court /Tribunal or before any Authority of India connected with
matters of the Trust and also to approve the legal fees in this behalf.
16. For the management and administration of the Trust, the Trustees shall
elect one amongst themselves for each of offices of Vice President,
Secretary and Treasurer. The term of office of these posts shall be for
period of one year from the date of appointment and they may be
reelected for further terms. No Trustee including the Managing Trustee
shall hold more than one of above offices at the same time. The
persons holding these offices shall be under the administrative
guidance and supervision of the Managing Trustee and will report to
her/him directly.
a) MANAGING TRUSTEE:
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Trustee shall have all the residuary powers, not explicitly assigned to any
of the other officers in these presents.
The Managing Trustee is responsible for ensuring that the Trust peruses its
objects and for maintaining the dignity of the Trust organization and shall
use her influence to promote the activities of the Trust.
The Vice President shall discharge the duties of the Managing Trustee, in
the absence of the Managing Trustee of the Trust and shall have the
power and authority delegated and assigned to him/her by the Managing
Trustee.
c). SECRETORY:
The Secretary shall maintain the records of the organization prepare and
circulate agenda and minutes of Board of Trustee meeting for the approval
of the Managing Trustee.
The Secretary shall be also responsible for the day to day administration
activities of the Trust. The Secretary shall deal with correspondence
received by Trust, send replies in consultation with Managing Trustee, Vice
President and /or the Treasurer where necessary. He/She is responsible
for the safe custody of all the properties and records of the Trust. The
Secretary shall represent the Trust in all legal matters, sign the papers
related to legal cases, attend to courts or represent the Trust in
Government Offices.
d). TREASSURER:
The Treasurer will prepare Annual Budget, monthly and yearly expenditure
statements get the expenditure audited by auditor duly appointed by the
Board of Trustees and place them before the Board of Trustees for
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approval. The Treasurer is responsible to maintain cash book and prepare
vouchers for the payments made, receive contributions, sign
acknowledgments for the amount or articles received by the Trust and
prepare monthly and yearly statements of revenue and expenditure as
well as the register of assets of the Trust and place them before the Board
of Trustees for their approval.
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X. AMENDEMENTS:
1. While this Trust shall be irrevocable, the Board of Trustees may
amend any of clauses except those relating to objects of the Trust,
the First Managing Trustee and First Trustees, at a duly convened
meeting of the Board with in 2 week’s notice and by resolution
passed by at least three fourths majority of Board of Trustees
present and voting. The Amendments to the Trust deed can only be
passed by resolution of Board of Trustees in an actual meeting and
not by circulation.
2. If any alteration or amendment is necessary, the same shall be
affected through supplementary deed/deeds with the previous
approval of the Commissioner of Income Tax and these shall be
read together with main Trust deed.
XI. INDEMINITY :
The Board of Trustees shall be indemnified for any act done by them in
good faith in the course of the administration of the Trust.
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XIII. APPLICABILITY OF TRUST ACT:
The provisions of the Indian Trust Act 1872 shall apply to all the
matters not specifically mentioned in these presents.
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SIGNATURE OF SETTLOR SIGNATURE OF TRUSTEES
Signature………………………. 1. Signature………………………………
Name: Name:
Address: Address:
2 Signature……………………
Name:
Address
Witnesses:
1.
2.
Trustee prepared by R.S.K.Singh, Advocate Plot No.54, opp to Park, Sontha Linganna
settee colony, Gandhinagar, Ballari.
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