SUPPLYMENTARY TRUST DEED

Transcription

1 SUPPLYMENTARY TRUST DEED THIS SUPPLYMENTARY TRUST DEED is made and executed on this 21 st day of MARCH MONTH OF Two Thousand Nine ( ) year by: BY ITS TRUSTEES: BEACON Ms. LISSY ELIZABETH D/O Late P. T. John Aged about 51 years, Residing at No. 57/160/12, Ideal Homes Circle Rajarajeswari Nagar Post Bangalore 98 Ms. JOSAMMA TITTO D/O Late: V.K Joseph, Aged about 36 years, Residing at Vanchithanathu house P. O. Kattappana Kerala Sri. ANTONY VARGHESE S/O Varghese, Aged about 36 years, Residing at House No. 2, 3 rd floor, Renugamba Nilayam, Opp. St. Anthony s School Ramamurthy Nagar, Bangalore Mr. JOJI JOSEPH S/O V.M. Ouseph Aged about 46 years, Residing at Vembally House Vengaloor Post Thodupuzha Kerala Mr. Tiby Thankachan S/O Thankachan Aged about 25 years, Residing at Paravarakathu house Ellakkal Post Kerala state Pin MANAGING TRUSTEE MEMBER TRUSTEE MEMBER TRUSTEE MEMBER TRUSTEE MEMBER TRUSTEE 1

2 Ms. Moncy Roy D/O John Aged about 41 years, Residing at Kuttungal House Kanthaloor Post Kerala State MEMBER TRUSTEE Hereinafter referred to as the TRUSTEES. Whereas on , Volume No. ADR 19, Book 4, Pages , Registration Document No. 11, the Trustees 1 to 4 entered and constituted a trust under name and style BEACON under a registered deed. Under the said deed of trust, the Trustee 1 is the Managing Trustee and the 3 Trustees collectively called the Board of Trustee along with Susheela, Chandru and Narashimamurthy. And Whereas Chandru and Narashimamurthy have resigned Due to personal resents. And whereas subsequently the board of trustees in its meeting dated: And dated: And dated: And have resolved to defer the appointment of Chandru and Narashimamurthy, have been added new 5 trustees as described above in their places in view of this present trustees have been continued as new trustees under this deeds consequently the present trustees we have continue there respective works as per meeting dated: The Parties agree, that all other terms and conditions and objectives of the trust, in Addition to the following Objectives are as in the original trust Dated: remains same and unchanged. III. Objectives (additions). F. HEALTH CARE 1 To establish, maintain, run, develop, improve, extend, grant, donate for and to aid in the establishment, maintenance, running, developing, improving, and extension of hospitals and clinics, and conduct medical camps, campaigns in order to provide medical service and also promote environmental sanitation as well as Health protection programs. 2 To make of the abandoned, neglected, orphan children and senior citizens, establish and run orphanages and old age homes 3 To promote and revive the local health traditional practices, promote herbal gardens, create supportive systems in the marketing of the herbal products in the community. Bank account operation 2

3 The joint signatory will change every year by the acceptance of the two thirds of the members present in a general meeting. WITNESSETH. 1. MANAGING TRUSTEE 2. TRUSTEE MEMBER 3. TRUSTEE MEMBER 4. TRUSTEE MEMBER 5. TRUSTEE MEMBER 6. TRUSTEE MEMBER DRAFTED BY: B.V. SANJEEVA REDDY CHOWKAHALLY D.W.L. No.. 2/81 82 Ramanagaram Taluk 3

4 TRUST DEED. THIS DEED OF TRUST executed on this Twenty Third day of September Two thousand and Three ( ). BY MS. LISSY ELIZABETH D/o late Mr. P. T. John, aged 43 years residing at Silk Farm Road, Bidadi Post, Bangalore , Bangalore Rural Dt. Karnataka hereinafter called the AUTHOR AND MANAGING TRUSTEE of the One part; The author of the Trust hereby appoints the following Founder Trustees who shall be collectively called the Board of Trustees who shall be permanent Trustee for life. 1. Ms. LISSY ELIZABETH D/o late Mr. P. T John, aged 43 years residing at Silk Farm Road, Bidadi Post, Bangalore , Bangalore Rural Dist. Karnataka. 2. Mrs. SUSHEELA DASAPPA W/o Mr. Dasappa aged 40 years residing at Kenchanakuppe village, Hosa Beedhi Bidadi Hobli, Ramanagaram Taluk, Bangalore Bangalore Rural Dist. Karnataka. 3. Mr. CHANDRU.C S/o Mr. Chikkanna aged 30 years residing at Gududahalli Village, Kasaba Hobli, Ramanagaram Taluk, Bangalore Rural Dist. Karnataka. 4. Mr. NARASIMHA MURTHY S/o Mr. Narasimaiah aged about 29 years residing at Hejjala colony, Bidadi Hobli, Ramanagaram Taluk. hereinafter called the TRUSTEES which expression shall unless it be repugnant to the meaning or context thereof, include the Survivor or Survivors and their/his/her assigns and other Trustee or Trustees for the time being of these presents of the other Part; WHEREAS the Author desires of constituting a trust for objects of charitable nature as herein after mentioned and whereas with the said intent, the author has set apart a sum of Rs. 1000/- ( Rupees One thousand only) to hold the same upon trust together with all the income arising there from and all the accumulations and accretions thereto for the intend purpose and object in accordance with provisions contained herein below and whereas the author desires to reduce to write the terms of the TRUST. NOW THE DEED OF TRUST WITNESETH AS FOLLOWS 1. Name of the TRUST shall be: Beacon (Organization For Human Rights) Hosa beedhi Kenchanakuppe, Bidadi Hobli, Ramnagara Taluk Ramanagaram Rural Dist

5 2. Registered office of the Trust for the time being shall be located at Hosa beedhi Kenchanakuppe, Bidadi Hobli, Ramnagara Taluk, or in such other places as the Trustees may determine in future. 3. The Trust is a secular charitable Trust committed to serve the poor in India irrespective of caste, creed, religion, language, sex and colour to improve their living standard by helping them to secure their human rights and to develop a sustainable livelihood. 4. AIM OF THE TRUST The aim of the Trust is to improve the quality of life of the rural people especially women, youth, farmers and minorities in India through integrated and sustainable development approach. 5. OBJECTIVES G. CREATION OF ALTERNATIVE LIVELIHOOD OPTIONS To identify the present activities of the dropouts and unemployed youths in the rural areas and conduct Awareness generation program to create a positive attitude in them towards gainful self employment. To promote the marketable skills in the villages by conducting basic and advanced skill trainings to help the community to find out alternative livelihood options in order to reduce unemployment in villages. To set up small-scale village based Industries / entrepreneurships to generate the employment opportunities to settle the beneficiaries of the skill training. To create social capital in villages by mobilizing rural community for increased association activities, organize affinity groups, user s group artisans group to work for sustainable livelihood systems. H. HUMAN RIGHTS To empower the rural communities through imparting legal education and guidance and to organize them through conducting seminars, workshops, training, and setting up of people s institutions to work for their human rights. To establish, maintain, run, develop, improve, extend grant, donate for and to aid in the establishment, maintenance, improvement and extension at all forms of educational institutions including schools, colleges, vocational training centers, research centers, hostels for the students pursuing their education. To construct community hall in order to organize community based programs, promote cultural activities and other training programs. To do all that is necessary and incidental for the purpose of achieving the above given objectives. 5

6 I. NATURAL RESOURCES MANAGEMENT & DEVELOPMENT To extend assistance for the betterment of the rural poor communities, through promoting natural resource management and development programs, agricultural and non-farming activities based on appropriate technologies in order to provide sustainable livelihood system. To establish a center of learning platform to develop and transfer appropriate Ecofriendly farm technologies to the farmers in the rural areas to achieve sustainability in farm production and allied activities. To increase the accessibility of water to the resource less rural poor by creation and maintenance of water bodies, undertaking land based activities and plantation programs in the rural areas through economically viable, technically sound and eco-friendly methodologies. J. EMPOWERMENT OF WOMEN AND MARGINALISED. To assist women, children and marginalized sections of society to secure their human rights through establishing and running destitute homes, providing legal guidance, skill training and education. To bring positive changes in the life of women in the rural areas through mainstreaming them to productive activities, attributing new skills and confidence, encouraging them to take up new roles and responsibilities rather than the traditional occupations in order to make them less viable for exploitation and economical accidents. K. STUDIES AND RESEARCH To conduct Participatory Action Research, Resource Inventory Studies and trainings at the community level as well as organization level in order to help the Grass root level organizations. To raise the funds and loans needed to meet the objectives of the Trust and to receive funds, donations, gifts, fees, etc towards the same. To undertake any given other activities necessary and additional for the purpose of achieving the objectives above given in accordance. The income of the Trust by whatever means shall be utilized for the objectives of Trust. I. BOARD OF TRUSTEES AND THEIR POWERS All the Trustees who are for the time being and from time to time in office shall be referred to collectively as the Board of Trustees. 6

7 The management and control of the affairs of the Trust and its properties shall vest with the board of Trustees which shall have all powers of such management and control, subject to such conditions and restrictions as are contained in these presents, without prejudice to the generality of such powers, the Trustees shall have powers: a) To frame from time to time, rules and regulations for the management and administration of the Trust and for carrying on the activities of the Trust and to alter or vary such rules and regulations are not in consistent with the objectives of the Trust and the terms of these presents. b) To acquire and hold movable and immovable properties for the purpose of the Trust and to transfer them by sale, exchange, gift mortgage or lease for a period exceeding five years of immovable properties of the Trust shall be effected unless sanctioned by a resolution of the board of Trustees carried by a majority of not less than three fourths of the number of Trustees present at the meeting of the board in which such resolution is passed. c) To receive gifts, donation, contributions, legacies, grants, and other forms of aid and assistance from governments, individuals, companies, statutory bodies, Trusts, associations and other forms of organizations. d) To invest the funds of the Trust in bank deposits and government securities and immovable properties and to alter such investments from time to time and to withdraw money from such investments. The investments however shall be in accordance with the section 13(1)(d) read with section 13 (5) of income tax act e) To borrow money for the purpose of the Trust with or without security provided that not less than three fourth of the number of Trustees present at the meeting of the Trustees agree for so borrowing. f) To incur expenditure for carrying out the objects of the Trust and to reimburse themselves out of the Trust funds any expenditure incurred by them for carrying out the objects of Trust. g) To enter in to agreements and contracts on behalf of the Trust. h) To authorize persons to act on behalf of the Trust. i) To engage and to appoint person or persons for the administration and to carry out to objects of the Trust, to prescribe their duties, responsibilities and obligations, wages, allowances and remunerations. j) To institute, file maintain and defend suits and other legal guarding the properties and defend suits and other legal guarding the properties and the interest of the Trust. k) To do all lawful acts which are necessary or expedient for protection or preservation of the properties and the interest of the Trust and for advancing the objects of the Trust II. TERMINATION OF MEMBERSHIP: No person shall hold or continue to hold or be appointed as Trustee and to a Trustee s office; 7

8 I. If he/she is found to be or becomes a person of unsound mind, II. If he/she is convicted of an offence involving moral turpitude, III. If he/she is adjudged insolvent. IV. If he/she is, in the opinion of the majority of the board of Trustees after due enquiry by them, found guilty of Trust, gross neglect or dereliction or duty as Trustee under these presents. V. If he/she is otherwise disqualified to act according to the laws of the time being in force governing charitable and educational Trusts. III. EXECUTING TRUSTEE: a) The Author of the Trust shall be the Chief Executive of the Trust and therefore be called the Executive Trustee. b) Shall be responsible for the general management and administration of the Trust. c) Shall be responsible to open accounts of the Trust in bank and shall be operated jointly with Mr. Chandru. C one of the Founder Trustee. d) Shall be responsible for carrying out all the decisions of the Board of Trustees. e) Shall coordinate the work of the Trust throughout the country under the guidance of the Board of Trustees. f) Shall exercise all powers delegated by the Board of Trustees and shall act as the secretary of the Board of Trustees. g) Shall exercise certain emergency powers in times of need as is deemed necessary and get it duly ratified with the Board or Trustees in order to avert any possible delays in the execution of vital functions. IV. MEETING OF THE BOARD OF TRUSTEES: a) The Trustees shall hold the meeting of the board of Trustees at least once in three months. b) The quorum for the meeting of the board of Trustees shall be as nearly as may be two third the number of Trustees. However, if such meeting is adjourned for want of quorum, no quorum no quorum shall be necessary for such adjourned meeting. c) A decision by a simple majority of the Trustees present at a meeting of the Board of Trustees, shall be regarded as the decision of such Board, except where under the terms of these presents a meeting of the board of Trustees is required, in which case a resolution is passed by such majority shall be regarded as the decision of Board of Trustees. V. AMENDMENTS: No alteration, amendment of extension shall be made in the Trust deed nor shall kit be amalgamated or absorbed with any other Trust unless it is voted by two thirds of members present at a special general meeting convened for this purpose in accordance with rules of the Trust and confirmed by two thirds of the members present at a second General meeting. However no such amends shall be made which may prove repugnant to the provisions of Section 2 (15), 11, 12, 13 & 80G of the Income Tax Act 1961 as amended from time to time. Further NO AMENDMENT SHALL BE CARRIED OUT WITHOUT THE PRIOR APPROVAL OF THE COMMISSIONER OF INCOME TAX. 8

9 VI. INVESTMENT: The funds of the Trust shall be invested in the modes specified under the provisions of section 13(1)(d) read with section 11(5) of the income tax act, 1961 as amended from time to time. VI. ACCOUNTS AND AUDIT: a) The Trust shall maintain such books of accounts and other records in relation to its accounts and also other essential documents in such form and manner as may be prescribed by the Auditors of the Trust. b) The Trust shall as soon as may be after closing its annual accounts prepare a statement of account in such form as the governing body may in consultation, with the Auditors of the Trust determine. c) Financial year of the Trust shall be from 1 st April of each year to the 31 st of March, of the next year. d) The accounts shall be duly audited by a CHARTERED ACCOUNTANT. Every year the accounts shall be closed by 31 st march. Such auditors as the Governing Body may appoint. VIII. DISSOLUTION: The assets and the income of the Trust shall be utilized only for the objects of the Trust and for no other purpose. In the event of dissolution or winding up of the Trust, the assets remaining as on the date of dissolution or winding up after meeting liabilities, if any of the Trust, shall in no circumstances be distributed among the Trustees, settlers or donors, but shall be transferred to another Charitable Trust, Society, Association or Institution whose objects are similar to those of this Trust, and is recognized as a charitable institution under the Section 80G under income act 1961 for the time being, as may be decided by the board of Trustees. The Trust formed shall be irrevocable. The benefits of the Trust shall be open to all irrespective of caste, creed, race or religion. The funds and income of the Trust shall be solely utilized for the achievement of its objects and no portion of it shall be utilized for payment to the Trustees by way of profit, interest, dividends etc.,. IX. PROPERTY: All the property of the Trust, movable or immovable to be acquired shall vest in the Board of Trustees or any Trust or Trustees as the Board of Trustees may direct and all documents relating to or affecting the property of the Trust shall be taken and stand in the name of any Trust as the Board of Trustees may direct. 9

10 X. WORKING HOURS: The working hours of the office shall be from 9.00 A.M. to 1.00 P.M. and 2.00 P.M. to 5.00 P.M. Monday to Friday and 9.00 A.M to 1.00 P.M. on Saturday. IN WITNESS WHEREOF, this deed is signed and delivered on the day and year hereinabove mentioned in the presence of: WITNESSES: 1. AUTHOR OF THE TRUST TRUSTEES: Drafted by: V.C. Joseph 10