TRUST DEED
THIS DEED OF TRUST
made on this Monday, ……..day of ………,2014 by
Sri.______________________ S/O. ____________________ R/O______aged_______________
hereinafter called the Author of the Trust which expression unless repugnant to
the context or meaning thereof includes their heirs, executors, and
administrators, etc., whereas Authors of the Trust are possessed of and
otherwise well and sufficiently entitled to the sum of RS.5,100/- (Rupees Five
thousand one hundred only) hereinafter referred to as said property.
Whereas the Authors
of the Trust desire to irrevocably endowing the said funds upon trust for
public, animal welfare, 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 Author 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:
(1)Sri________________________S/O.____________________R/O______________________
(2)Sri________________________S/O____________________R/O______________________
(3)Sri
_______________________S/O____________________R/O______________________
(4)Sri
_______________________S/O_____________________R/O______________________
(5)Sri________________________S/O.____________________R/O______________________
(6)Sri________________________S/O____________________R/O______________________
(7)Sri
_______________________S/O____________________R/O______________________
(8)Sri
_______________________S/O_____________________R/O______________________
NOW THIS DEED OF TRUST
WITNESSETH AS FOLLOWS:
1. ESTABLISHMENT OF
THE TRUST
The Authors of the
Trust do hereby declare, constitute and establish a Trust under the name and
Style of Karnataka Goshala Mahasangh (Hereinafter
referred to as the Trust)
2. Registered Office
1)
Office of the Trust shall be situated at ____________________________________
2)
other place or places may be established in India as the Trustees may from time to
time think fit.
3.
CORPUS OF TRUST
1)
The Sum of RS. 5,100-00 contributed by the
Author of the Trust shall form the initial corpus of the Trust
2)
The Authors of the Trust have hereby
transferred to, and vested in, the Trustees appointed in the manner hereinafter
contained, the aforesaid initial corpus of the Trust
3)
All and every kind of Donation, Gift, Grant,
Subsidy, endowment, Contribution etc unless specifically set apart for any
purpose by the person making such contribution and the net income shall be
added to the Corpus of the Trust
4. OBJECTS
The objects for which
the Trust is founded are:
1) to
be an irrevocable public, animal welfare, educational, cultural TRUST for the
benefit of all persons belonging to whatever community irrespective of Caste,
Creed or Religion, the Trustees shall stand possessed of the said amount of
corpus endowed by the Authors of the trust and such other properties (both
movable and immovable) as may be acquired from time to time by the Trust, by
purchase, exchange, grant, allotment, subscription, endowment, donation,
contribution, or in any manner to whatsoever (all of which shall be designed as
Trust properties) on the Trust herein mentioned.
2) To
look after the interest of Goshala and cow & its progeny in whole state of
Karnataka in particular & all animals in whole world in general .
3) To
represent animal welfare organizations in all Government, Semi government and
judicial departments and authorities
4) To
function as a Non-communal & non commercial making Trust and as a secular organization.
5) To
open Branches & establish centers for achievement of aims and objectives of
Trust.
6) To
receive donations, contributions, Grants, benefits, Fee and Charges etc. in
Cash and or kind from local, domestic and r international individuals,
organizations, agencies & governments.
7) To
acquire and maintain the movables and immovable properties for achieving said
objects.
8) To
honor and confer title on eminent personality in the field of animal welfare,
science, education, literature, etc.,
9) To keep the law in force in India for the Safety & Prevention
of Cruelty to Animals under constant study and to advise the government on the
amendments to be undertaken in any such law from time to time.
10) To advise the State & Central Government on the making of
rules under the Act with a view to preventing slaughtering, animal
sacrifice & killing of Cow &
Cattle and pain or suffering to animals.
11) To advise the Government or any local authority or other person on
activities and schemes so as to lessen the burden on draught animals.
12) To take all such steps as the Trust may think fit for amelioration of animals by
encouraging, or providing for the construction of sheds, water troughs and the
like and by providing for veterinary assistance to animals.
13) To suggest and participate as implementing agency in the
grant of financial assistance or otherwise, the formation or
establishment of Goshalas, Pinjarapoles, rescue homes, animals shelters,
sanctuaries and the like, where animals and birds may find a shelter when they
have become old and useless or when they need protection.
14) To co-operate with, and co-ordinate the work of associations or
bodies established for the purpose of preventing unnecessary pain or suffering
to animals or for the protection of animals and birds.
15) To receive and give financial assistance and other assistance to
Animal Welfare Organizations functioning in any local area or to encourage the
formation of Animal Welfare Organizations in any local area which shall work
under the general supervision and guidance of the Trust.
16) To participate in different government bodies & advise the
Government on matters relating to the medical care and attention which may be
provided in animal hospitals, and to give financial and other assistance to
animal hospitals whenever the TRUST think it is necessary to do so.
17) To impart education in relation to the humane treatment of animals
and to encourage the formation of public opinion against the infliction of
unnecessary pain or suffering to animals and for the promotion of animal
welfare by means of lectures books, posters, cinematographic exhibitions and
the like.
18) To participate in different government bodies advise the
Government on any matter connected with animal welfare or the Prevention of
infliction of unnecessary pain or suffering on animals.
19) To
establish, maintain and run Schools, Colleges, Hospitals, Social service
centers, Industrial Training centre and allied education institutions and
Cultural, and Social Institutions,
20) To
advance Indian Culture and Literature, Service of this Country for the benefit
of our Nation.
21) To
advance any other objects of general public utility.
5. BOARD OF TRUSTEES
1) The Authors of the Trust shall be the 1st
Trustees. They shall also be designated as the Founder Trustees
2) There shall not be less than two and not more than
one hundred Trustees
3) Any person who may have been invited, appointed or
associated with for any special or general purpose shall not be a Trustee.
6. Qualification
1)
Any Animal Welfare
Organization with main object of Cattle preservation and welfare shall be the Trustee represented by its
nominee.
2)
Applicant organization shall pay
non refundable RS.5,100/- towards
Trust Fund.
3)
Application
7. TERM OF OFFICE OF
THE MANAGING COMMITTEE
1) Managing
Committee shall hold office for such
duration as may be specified by the board of trustees but not more than (3)
three years & which shall be decided
in annual general meeting.
2) Board
of Trustee shall constitute a Managing
Committee among existing Trustees, for
such terms and with such powers in its Annual General Meeting, for carrying on
the routine management of the affairs of the Trust. Managing Committee shall
consist of
President 1
Vice President 1
Advisor 1
Secretary 1
Hon. Treasurer 1
Joint Secretary 1
Members 10 Total 16
3) Managing
Committee shall constitute Regional Sub Committees, & Work Sub Committees
for the smooth working of Trust and achievement of objectives as per requirement .
8.
PATRON /HONORARY CHAIRMAN
Managing Committee
shall request and accept Patron(s) to the Trust during their time duration with eminent renowned personality,.
Sri Sri Sri Balagangadharnatha Mahaswamiji of Sri Adi Chunchan Giri
Mahasamsthan Mutt shall be the 1st Patron.
9. PRESIDENT
President who shall
work as Managing Trustee for the administration of this trust,
nominated/elected by the board of Trustees, who shall be one amongst trustees
as specified in above. He shall preside over all meetings including General
Meeting of Managing Committee & any other Committees of the which he/ she
may be a member.
Shall guide and
control the activities of the Trust
Regulate the
proceedings of the meetings, interpret the Rules and Regulations
10.VICE
PRESIDENT
Vice President
shall preside over in absence of the
President all meetings including General Meeting of Managing Committee &
any other Committees of the which he/ she may be a member.
11.
SECRETARY
Secretary shall be in
charge of the office of the Trust and shall conduct all correspondence of the
Trust, shall be accountable to the
Managing Committee in the maintenance of all accounts and minutes, records, organize and convene and arrange
Meetings etc and all other works in guidance of President .
12.
HON. TREASURER
Shall be in charge of
proper maintenance of accounts of all transactions, receipts, disbursement and
book of accounts etc and shall perform
all financial activities in guidance of Secretary & President.
13.
JOINT SECRETARY
Shall assist
Secretary in all affairs and shall work in guidance of President and Secretary
.
15. VACANCIES:
Any vacancy among the
Members of the Managing Committee may be filled by the trustees as specified
in above and they shall hold office for
remaining period of Managing Committee
16. TERMINATION OF
OFFICE OF THE TRUSTEES:
(a) Trustee shall
cease to hold office:
i) if he dies,
ii) if he resigns,
iii) if he is
adjudged insolvent or found guilty of an offence involving moral turpitude.
iv) if he 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.
17. MEETING AND
PROCEEDINGS OF THE TRUSTEES:
The Managing Committee shall ordinarily meet
once in three months or as often as may be necessary for the satisfactory
conduct of the affairs of the Trust.
18. NOTICE:
Seven days Notice
shall ordinarily be given in writing for a meeting of Managing Committee
19. QUORUM:
The Quorum for the
Meeting of the shall be 1/3rd numbers. No quorum is required for a meeting
adjourning for want of quorum.
A minute book shall
be kept by the Secretary . 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.
20. VOTING:
Decisions of the
Managing Committee 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 shall have a casting vote in the event of equality of
votes, in addition to his own.
21. POWERS, FUNCTIONS
AND DUTIES OF MANAGING COMMITTEE :
(a) All property of
the Trust Movable or Immovable or of any other kind, shall vest in Trust, the
Managing Committee 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 Managing Committee
shall for the purposes of this trust have the following powers, duties and
functions:
(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.
(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 monies, 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
endowment are in consonance 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 maybe necessary or proper for
carrying on the management of the properties and affairs of the Trust.
(viii) To invest such
monies 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 sell,
transfer or otherwise dispose of any immovable property ofthe trust provided
all the trustees unanimously resolve that it is in the interest of the trust to
do so to sell or lease, mortgage or other wise dispose of any movable and
immovable properties 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.
(xiv) Out of the
income of the trust property the trustee shall be entitled to spend or incur
the following expenses namely
(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.
(g) 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.
(i) 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.
22. BOOK ACCOUNT:
(i) The Managing
Committee may open such Bank Account or
Accounts in any of the Banks in the name of KARNATAKA GOSHALA MAHASANGH. such accounts shall be jointly operated by the
President and either of Secretary or Hon. Treasurer.
23. 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 trustee in connection
with the work carried out by him/her for the purpose of the Trust.
24. 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 yeari.e.,
commencing from 1st April to the 31st March of next year.
25. 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.
26. 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.
27. 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.
WITNESSES Authors / Trustee of the Trust.
1._______________________ 1. _______________________
2._______________________ 2.
______________________
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