The Trust Deed which was registered in Bangalore on 7th of April, 2011
THE DEED OF TRUST
THIS DEED OF CHARITABLE TRUST is executed at Bangalore on this the 7st day of April, 2011 by Ms. Cini M John aged 37 years, D/o Mr. John residing at Sumanahalli society, Viswaneedam post, Bangalore - 91, hereinafter referred to in this deed as the Settler of the Trust.
WHEREAS in pursuance of wish and desire for charitable services, the Settler is desirous of creating a charitable trust.
AND WHEREAS the Settler has decided to register the trust deed with the following terms and conditions :-
The name of the Trust is ‘The Child Trust’.
- REGISTERED OFFICE
The registered office of the Trust is at Sumanahalli Society, Magadi Road, Viswaneedam P.O., Bangalore, Pin- 560 091. The Board of Trustees shall be entitled to change the registered office to any other place and to open and operate units, branches and offices elsewhere in India.
- AREA OF OPERATION
The area of operation of the Trust shall be within the territorial limits of India.
- TRUST PROPERTY
In order to effectuate the above referred decision of the Settler, she has settled the sum of Rs. 1,000/- (Rupees one thousand only) to hold the same together with all the additions and accretions thereto and all other properties that may be acquired out of the same or otherwise, hereinafter referred to as the trust fund.
- AIMS AND OBJECTIVES
The broad objective of the society is to ‘bring God’s love to children.’
The specific objectives are:
- Relief to the poor such as :-
- identification of the orphaned and vulnerable children (OVC) from various sources through census, survey and other methods.
- referral services for OVCs to various health care and educational institutions.
- providing medical care to the OVCs.
- providing residential care for the OVCs.
- helping the families of children who are in difficult situations.
- adoption of the children from different sources and providing them linkages with persons and organisations for further care.
- providing legal aid for children and their families.
- providing educational facilities for OVCs and other children in need.
- running of educational facilities for OVCs and other children.
- working for the welfare of the children in the slums and rural areas.
- providing social economic support for families with a view to help children.
- Advancement of education by way of :-
- establishing, maintaining, managing, developing, improving, extending ; and aiding in the establishment, maintenance, improvement and extension of schools, colleges, technical institutions, study houses, training centres, non - formal educational centres, libraries, research institutions, boarding houses, hostels, etc.
- Instituting studentships, scholarships, stipends, medals, prizes, etc., and to help and encourage deserving students, scholars and teachers, for pursuing education.
- Medical relief by way of :-
- providing medical treatment and rehabilitation of the persons suffering from dreadful diseases and other illnesses.
- Establishing and running of hospitals, clinics, dispensaries, ambulance services, trauma care centers, pain and palliative units, etc.; providing medical treatment at free of cost or at concession charges; promoting ayurvedic, traditional and naturopathic medicines and treatment; and promoting cultivation of medicinal plants.
- Advancement of any other objects of general public utility, such as:-
- doing relief and rehabilitation work during natural calamities and disasters.
- organizing awareness and counseling programmes against drug addiction, alcoholism and other social evils and to establish de - addiction centres.
- Conducting women’s empowerment programmes through the promotion of self-help groups, awareness and training programmes and self-employment schemes.
- organizing the rural community and form local groups of students, teachers, women, youth and farmers such as mahila samajams, farmers clubs, youth clubs, etc., as a process for empowerment of the people for sustainable development.
- To work and collaborate with other like minded institutions in India and abroad for fulfilling the above said aims and objectives of the Trust.
- To engage in any legitimate activity if it is incidental or conducive to the attainment of the above said aims and objectives.
- Relief to the poor such as :-
- BOARD OF TRUSTEES
- There shall be a Board of Trustees with minimum three trustees and maximum twelve.
- All acts and proceedings of the Trust shall be taken and conducted by the trustees together in the name of the Trust.
- All the properties and assets of the Trust shall vest with the Board of Trustees.
- When a sitting trustee acts contrary to the interest of the Trust or commits acts which are against basic ethical / moral values , or when a trustee becomes insane or physically incapacitated to render useful service, the said trustee shall lose the trusteeship by adoption of a resolution with majority decision of the trustees.
- The tenure of all the trustees shall be for their life time or until they are unable to discharge the functions as trustees. But any trustee may resign by giving notice in writing to the co- trustees.
- Appointment of trustees either to fill up a vacancy or as additional trustee(s) shall be by a resolution of the majority of the trustees.
- If any trustee incurs any disqualification, the said trustee shall loose trusteeship.
- The trustees shall not be entitled to salary or other monetary benefits for their service as trustees. However, remuneration can be paid to any trustee for rendering professional service to the Trust. Actual expenditure incurred by any trustee for any work or matter relating to the Trust shall also be reimbursed.
- INITIAL BOARD OF TRUSTEES
The following persons shall be the members of the initial Board of Trustees :-
- Fr. George Kannanthanam, aged 47 years, S/o K.V. Joseph (late) , C/o Sumanahalli Society, Magadi Road, Viswaneedam P.O., Bangalore –560 091 ( Managing Trustee )
- Ms. Cini M John, aged 37 years, D/o John , C/o Sumanahalli Society, Magadi Road, Viswaneedam P.O., Bangalore –560 091 (Trustee)
- Mr. Sibu George, aged 38 years, S/o P.V.George residing at N0.46, 7th main, 2nd cross, Telecom layout , Thanisandra, Bangalore - 45 ( Trustee )
- Mr. Arthur, aged 55years, S/o Antonyswamy, residing at -45, CII Road, Musiswara layout, Visaneedam post, Bangalore 91 ( Trustee )
- Mrs. Lissy Jose, aged 36 years, W/o Jose, Chettany house, Shirady Post, South Canara(Trustee )
- Mr. Bhandari , aged 43 years, S/o B.K. Babyu, residing at 414, Ist B Cross, 3rd Stage, 4th Block, Basaveswarnagar, Bangalore 79 ( Trustee )
- Ms. Leena Thomas, aged 32 years, D/o Thomas (late), residing at Vadayatt house, Shirady P.O, South Cakara ( Trustee ).
- POWERS AND DUTIES OF BOARD OF TRUSTEES
The Board of Trustees shall have the following powers and duties:-
- To organize and conduct, conventions, seminars, public meetings, discussions, conferences, educational gatherings, etc.
- To publish books, magazines, journals, pamphlets, etc., relating to the social issues of the Trust.
- To use mass communication media for spreading the social issues of the Trust for charitable purposes, but not for the purposes of profit.
- To appeal for and raise from within or outside India funds, subscriptions, donations, grants and loans, in such manner as the Trust many think fit.
- To purchase, lease or otherwise acquire immovable or movable properties for the Trust. Likewise to sell, dispose of, mortgage, alienate or otherwise deal with any property movable or immovable, comprising the trust fund.
- To let out any movable / immovable property comprised in the trust fund for such period and at such rent, on such terms and conditions as the Board of Trustees may deem fit.
- To borrow money from any bank, other financial institutions, organizations, persons, etc., with the specific approval of the Board of Trustees, and to execute the necessary loan papers, create charge / mortgage on the securities, movable or immovable properties of the Trust.
- To appoint attorneys, advocates or agents and to give them such powers and functions as the trustees may from time to time decide, to fix their remuneration and other terms, and to remove them whenever the Board of Trustees feel such removal is necessary.
- To appoint auditors of the Trust and to fix their remuneration and to remove them whenever the Board of Trustees feel such removal is necessary.
- To recruit, train and fix remuneration of the employees, workers, volunteers, consultants, retainers, etc., to carry out the activities of the Trust and to take disciplinary actions against the employees, workers, volunteers, etc.
- To provide for the welfare of the persons employed by or in connection with the Trust and the dependants of such persons by establishing and contributing to provident fund and other benefit funds; and by giving pensions, gratuities, annuities, loans, allowances, etc., in such a manner as the Trust may think fit.
- To provide financial and other support to other institutions with similar objects of the Trust.
- To establish, promote, subscribe to and / or assist or, become member of other agencies, organizations or bodies whose objects are similar to the objects of this Trust and to subscribe, grant loans or guarantee money for charitable purposes.
- To make, accept, endorse and execute promissory notes, bills of exchange and any other negotiable instruments on behalf of the Trust.
- Form and delegate powers and functions to any sub committees or standing committees appointed by the Board of Trustees
- To institute, conduct, defend, intervene or compromise suits and other legal proceedings of any kind by and against the Trust, officers or employees.
- To do all other lawful things, acts and businesses which are incidental or conducive to the attainment of the objectives of the Trust.
- MEETINGS OF THE BOARD OF TRUSTEES:-
- The Board of Trustee shall meet as and when found necessary by the Managing Trustee and the Board shall meet at least once in a calendar year, which shall be the annual general meeting.
- The annual meeting of the Board of Trustees shall be held every year as soon as possible within six months after the closure of the previous financial year to approve :-
- Annual report for the previous financial year.
- Audited statement of accounts for the previous financial year together with the report of the auditors.
- Appointment of the auditor and fixing his remuneration.
- Any other matter that may be brought before the Board for consideration.
- Besides the annual Board Meeting , general meetings of the Board of Trustees shall be held at least once in every six months.
- Notice of the meetings shall be delivered by hand or post or electronically, not less than fifteen days prior to the date of the annual Board meeting, seven days prior to the other meetings and such notice shall specify the agenda with explanatory notes if necessary. A meeting may be called at a shorter notice of five days to dispose of urgent business. The non-delivery of call letters to any such urgent meeting will not invalidate the decisions taken in that meeting.
- If all the trustees agree, resolutions can be taken by circulation also. Such a resolution shall be as effective as one passed at a meeting duly called and held.
- All questions at any meeting of the Board of Trustees shall be decided by the majority of members present and vote at the meeting.
- The quorum of any meeting of the Board of Trustees shall be three.
- MINUTES OF THE MEETINGS:-
- The minutes of the meeting shall be entered in a pre-bound book in which the pages have been consecutively numbered and pre- marked.
- At the beginning of each meeting, the records of the previous meeting shall be read and passed. All the decisions of the Board shall be recorded in the minutes book and signed by the trustees present in the meeting.
- TRUST FUND
- The trust fund shall consist of the initial contribution from the Settler, income derived from the Trust, properties or the institutions functioning under the Trust ; donations, contributions or grants received by the Trust ; and income by way of fund raising programmes.
- The funds and income of the Trust shall be solely utilized for the achievement of the aims and objectives of the Trust and no portion of it shall be utilized for payment to the Settler or Trustees by way of profit , interest, dividends, bonus, etc.
- The Trustees shall not infringe the provisions of the section 13 (1) (c) of the Income-tax Act.
- The funds of the Trust shall be invested under the modes specified under the provisions of section 11(5) read with section 13(1)(d) of the Income-tax Act.
- BANK ACCOUNTS
The bank accounts, in the name of the Trust shall be opened and operated by the Managing trustee along with another Trustee as cosignatory.
- ACCOUNTS AND AUDIT
The accounts of the Trust shall be maintained regularly and such accounts shall be closed on 31st March of every year and it shall be duly audited by a Chartered Accountant.
This Trust can be wound up with the unanimous decision of the trustees, if the Trust cannot be run to fulfill the aims and objectives of the Trust, due to problems that are beyond the control of the trustees. In the event of dissolution of the Trust, the net assets of the Trust standing at the time of winding up, shall be handed over to any accredited and long standing charitable institution having same or similar objects of the Trust and which is registered under section 12A of the Income – Tax Act, or in absence thereof, it shall vest in the Government and it shall not be distributed under any circumstance among the trustees.
- Amendments to the trust deed shall be made unanimously by all trustees in a special meeting of the Board of Trustees.
- Any amendment to the trust deed shall not be repugnant to the provisions of the section 2 (15), 11, 12, 12A, 13, 80G, 115BBC of the Income-Tax Act- 1961, as amended from time to time.
- Once registration under Section 12A of the Income Tax Act is obtained, no such amendments shall be made without the prior approval of the Commissioner of Income- Tax having jurisdiction over the income tax assessment of the Trust.
- The Trust and the trust fund shall be irrevocable for all time.
- The benefits of the Trust shall be opened to all, irrespective of caste, creed or religion.
- It is expressly declared that no part of the trust property or its income or any accretion thereto shall be applied for any purpose which is not a charitable purpose in law and all provisions hereof shall be construed accordingly.
In witness whereof, the Settler of the Trust has signed this deed of Trust at Bangalore on 7th April, 2011.