TRUST DEED
THIS
DEED OF TRUST made on this Monday, 10th day of July,2007 by (1)Sri.SK Mittal S/O. Late Sri KC Mittal R/OSreekunj
19/1,3rd Block,5th Main, Jyalakshmi Puram, Mysore 570012
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)SriShantilal
Choradia R/OMysore
(2)SriShampatraj
JainR/OChitradurga
(3)Sri
Meghraj Kawad R/O Hubli Dharwad
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 Sri Adichunchangiri Math,
Vijayanagar,Bangalore
2)
other
place or places may be established in India
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
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 Author 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.
WITNESS:
Author
& Trustees of the Trust.
1._______________________ 1._______________________
2._______________________ 2.
______________________
3._______________________
4._______________________
