Deed

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 :-

  1. NAME

    The name of the Trust is     ‘The Child Trust’.

  2. 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.

  3. AREA OF OPERATION

    The area of operation of the Trust shall be within the territorial limits of India.

  4. 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.

  5. AIMS AND OBJECTIVES

    The broad objective of the society is to ‘bring God’s love to children.’ 
    The specific objectives are:

    1. Relief to the poor   such as  :-
      1.  identification of the orphaned and vulnerable children (OVC)   from various sources through census, survey and other methods.
      2. referral services for OVCs to various health care and educational institutions.
      3. providing medical care to the OVCs.
      4. providing residential care for the OVCs.
      5. helping the families of children who are in difficult situations.
      6. adoption of the children from different sources and   providing them linkages with persons and organisations for further care.
      7. providing legal aid for children and their families.
      8. providing educational facilities for OVCs and other children in need.
      9. running of educational facilities for OVCs and other children.
      10. working for the welfare of the children in the slums and rural areas.
      11. providing social economic support for families with a view to  help children.
    2. Advancement of education   by way of :-
      1. 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.
      2.    Instituting  studentships, scholarships, stipends, medals, prizes, etc.,  and   to help and encourage deserving students, scholars and teachers, for pursuing education.
    3. Medical relief by way of :-
      1. providing medical treatment and rehabilitation of the persons suffering from dreadful diseases and other illnesses.
      2.   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. 
    4. Advancement of   any other objects of general public utility, such as:-
      1.    doing  relief and rehabilitation work during natural calamities and disasters.
      2.  organizing  awareness and counseling  programmes against drug addiction, alcoholism and other social evils and to establish de - addiction  centres.
      3. Conducting  women’s empowerment programmes through the promotion of self-help groups, awareness and training programmes and self-employment schemes.
      4.  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.
    5. To work and collaborate with other like minded institutions in India and  abroad  for fulfilling the above said aims and objectives of the Trust.
    6. To engage in any legitimate activity if it is incidental or conducive to the attainment of the above said aims and objectives.
  6. BOARD OF TRUSTEES
    1. There shall be a Board of Trustees with minimum three  trustees and maximum  twelve.  
    2. All acts and proceedings of the Trust shall be taken and conducted by the trustees together in the name of the Trust.
    3. All the properties and assets of the Trust shall vest with the Board of Trustees.
    4. 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.
    5. 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.
    6. 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.
    7. If any trustee incurs any disqualification, the said trustee shall loose  trusteeship.
    8. 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.
  7. INITIAL BOARD OF TRUSTEES

    The following persons shall be the members of the initial Board of Trustees :-

    1. 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  )
    2. Ms. Cini M John,  aged 37 years, D/o John , C/o Sumanahalli Society, Magadi Road, Viswaneedam P.O., Bangalore –560 091 (Trustee)
    3. 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  )
    4. Mr. Arthur, aged 55years,  S/o Antonyswamy, residing at -45, CII Road, Musiswara layout, Visaneedam post, Bangalore 91 ( Trustee )
    5. Mrs. Lissy Jose, aged 36 years,  W/o Jose, Chettany house, Shirady Post, South Canara(Trustee )
    6. Mr. Bhandari , aged 43 years,  S/o B.K. Babyu, residing at 414, Ist B Cross, 3rd Stage, 4th Block, Basaveswarnagar, Bangalore 79 ( Trustee )
    7. Ms. Leena Thomas, aged 32 years,  D/o Thomas (late), residing at Vadayatt house, Shirady P.O, South Cakara ( Trustee ).
  8. POWERS AND DUTIES OF BOARD OF TRUSTEES

    The Board of Trustees shall have the following powers and duties:-

    1. To organize and conduct, conventions, seminars, public meetings, discussions, conferences, educational gatherings,   etc.
    2. To publish books, magazines, journals, pamphlets, etc., relating to the social issues of the Trust.
    3. To use mass communication media for spreading the social issues of the Trust  for  charitable purposes, but not for the purposes of profit.
    4. 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.
    5. 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.
    6.      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.
    7. 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. 
    8. 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.
    9.      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.
    10.      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.
    11. 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.
    12.     To provide financial and other support to other institutions with similar objects of the Trust.
    13. 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.
    14. To make, accept, endorse and execute promissory notes, bills of exchange and any other negotiable instruments on behalf of the Trust.
    15. Form and delegate powers and functions to any sub committees or standing committees appointed by the Board of Trustees
    16. To institute, conduct, defend, intervene or compromise suits and other legal proceedings of any kind by and against the Trust, officers or employees.
    17. To do all other lawful things, acts and businesses  which are incidental or conducive to the attainment of the objectives of the Trust.
  9. MEETINGS OF THE BOARD OF TRUSTEES:-
    1. 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.
    2. 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  :-
      1. Annual report for the previous financial year.
      2. Audited statement of accounts for the previous financial year together with the report of the auditors.
      3.  Appointment of the auditor and fixing his remuneration.
      4.  Any other matter that may be brought before the Board for consideration.
    3. Besides the annual Board Meeting , general meetings of the Board of Trustees shall be held at least once in every six months.
    4.  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.  
    5.  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. 
    6.       All questions at any meeting of the Board of Trustees shall be decided by the majority of members present and vote at the meeting. 
    7.  The quorum of any   meeting  of the Board of Trustees shall be  three.   
  10. MINUTES OF THE MEETINGS:-
    1. The minutes of the meeting shall be entered in a pre-bound book in which the pages have been consecutively numbered and pre- marked.
    2. 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. 
  11. TRUST FUND
    1. 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.
    2. 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.
    3. The Trustees shall not infringe the provisions of the section 13 (1) (c)  of the     Income-tax Act.
    4. 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.
  12. 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.

  13. 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.

  14. DISSOLUTION

    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.  

  15. AMENDMENTS
    1. Amendments to the trust deed shall be made unanimously by all trustees in  a special meeting of the Board of Trustees.
    2. 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. 
    3. 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.
  16. GENERAL
    1. The Trust and the trust fund shall be irrevocable for all time.
    2. The benefits of the Trust shall be opened to all,  irrespective of caste, creed or religion.
    3. 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.

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