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Trust Deed Trichy Vellur Chottanikarai Sri Jai Sakthi Bhagavathi Amman Trust

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TRUST DEED

TRICHY VELLUR CHOTTANIKARAI SRI JAI


SAKTHI BHAGAVATHI AMMAN TRUST

THIS DEED OF CHOTTANIKARAI SRI JAI BHAGAVATHI


AMMAN TRUST is executed at on this --------- day of ------ 2022 by
Mr.XXXXXXXXXX (AADHAR.NO: XXXXXXX ) son of, Mr.XXXXX,
Hindu, aged about 33 Years, residing at
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX,Trichy District,Pin:
621202, hereinafter called the FOUNDER TRUSTEES of the ONE PART;
and

(1) Mr.XXXXX (AADHAR.NO: XXXXX ) son of, Mr.XXXX,


Hindu, aged about 32 Years, residing at No
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX, (2)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Karur District,
Pin:639105.(3) XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX.
hereinafter jointly referred as TRUSTERS of the OTHER PART ;

WHEREAS the Founder Trustees are desirous of establishing a


Trust for Public Charitable objects; Temple Social Works

WHEREAS the Trustees along with Founder Trustees have agreed


to act as the first Trustees of these presents as evidenced by being parties to
and executing these presents ; and

WHEREAS it is necessary to declare the object and terms of the


public charitable Trust.

NOW THIS DEED WITNESSETH AS FOLLOWS :


1. TRUST FUND :

(i) That the Founder Trustees have set apart and handed over to the
Trustees a Each sum of Rs.500.00 and Total Rs. 2500/-( INITIAL
CORPS FUND) There is no immovable and movable properties
Except corpus fund as on date. The Trustees shall Hold
the same upon the Trust subject to the powers, provisions And
declarations herein below contained.

(ii) Any grants, contributions that may be made to the said Trust by
The Government of India or by the Government to Tamil Nadu
Or by any other Government or authority or Body.

(iii) Such sum or assets may be contributored, gifted, donated


or bequeathed by any person, society, firm company or Trust to
the said Trust.

(iv) All interest of income arises out of the said funds or otherwise
of the assets of the Trust.

(v) All assets that may be purchased or acquired from and out of
the said funds or otherwise acquired for the said Trust.

(vi) All investments and realizations there from or out of the


said funds and assets.

(vii) All funds and assets which by any lawful means become
the property of the Trust.

2. Name of the Trust : The name of the Trust shall be called


“TRICHY VELLUR CHOTTANIKARAI SRI JAI SAKTHI BHAGAVATHI
AMMAN TRUST”
3. Office : The registered office of the Trust shall be at
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

The activites of the Trust may be carried out from and at such other
places as the Board of Trustees may decide from time to time but within
India.

4. Object of the Trust :

(i) Temple Social Works, Social Service , Child Educational ,


Educational , Self Employment Training , Training Institutes ,
AIDS Awareness , Build to free Marriage Mahal.

(ii) Consumer awareness to will be give Villages and School , College


Peoples .

(iii) To contact Lecture , Seminars in subject of the Human Rights for a


Healthily life and environment with objects of the Trust .

(iv) To do all such things as may be necessary or conducive for the


advancement of the objects above mentioned ;

5. Beneficiaries : The benefit of the Trust shall be open to all


irrespective of region, caste, race, religion, etc .

The activities of the Trust may be carried out anywhere in India. No


activities of the Trust shall be carried out anywhere outside India.

6. Trustees : The number of the Trustees shall not be less than three
and not more than seven. If the number of the Trustees shall fall below three,
the Trustees shall not, except for the purpose of filling any vacancy, act so
long the number is below the said minimum.

The Founder Trustees shall be the Trustees for life.

All the Trustees holding office at any point of time shall be referred
collectively as the Board of Trustees.

The following persons are consist of Board of Trustees :

1. Mr.XXXXXXXX (Founder & Managing Trustee)

2. Mr XXXXXXXX (Trustee Secretary cum Treasurer)

3. Mr. XXXXXXXXXXXX (Member Trustee)

The Board of Trustees shall have the power to co-opt one or more
persons to the Board of Trustees, subject the limits prescribed above. The
term of office of all Trustees except Founder Trustees shall be three years
from the date of their co-option and they are eligible for renewal of their
term on its expiry.

The Trustees may, by resolution, appoint one amongst them to be


then Chairman of the Trust of Managing Trustee for such time or as long as
he continues to be a Trustee of these presents. On the death, retirement ,
resignation, refusal or incapacity of the Trustee appointed to act as the
Managing Trustee, the Trustees shall appoint one of them as the Managing
Trustee of the Board of Trustees. However, so long as the first Founder
Trustee Mr.XXXXXXX is alive, he shall be the Managing Trustee and after
his death on his ceasing to be a Trustee for whatever reason, the next
Founder Trustee Mr. XXXXXXX shall be the Managing Trustee. When the
both of them ceasing or after the death one among the lineal descendant of
the Founder Trustee shall become the Managing Trustee.
From among the Trustees, the Board shall nominate one person as
the Managing Trustee, and one person as the Trustee- Secretary cum
Treasurer.

The Board shall also have the power to assign Trustees with any
other designation also. The period for which they shall hold such office shall
be specified by resolutions of the Board nominating them. The first
Managing Trustee shall be Mr. K.RAJA the first Trust Secretary cum
Treasurer shall be Mr. K.RAJA.

No person shall be eligible to be appointed as a Trustee and a


Trustee shall cease to hold office if the person ---------

(i) become a person of unsound mind,

(ii) is convicted of an offence involving moral turpitude,

(iii) has been adjudged insolvent,

(iv) is, or become deaf, mute or is suffering a bodily infirmity which


Shall render him unfit for active work,

(v) is otherwise disqualified to act as a Trustee according to the


Provisions in the Indian Trust Act, 1882 or any other Acts.

Any vacancy in the office of the Trustees, due to death/resignation


may be filled up by the continuing Trustees by a decision of the Board of
Trustees. The vacancy shall be filled within 60 days from the date of
creation of such vacancy.

7. Board of Trustees : The management of the affairs of the Trust shall


always vest in the Board of Trustees and it shall have all powers which are
necessary for carrying out the objects and purposes of the Trust and for
administering the activities of the Trust.
The Board shall be the ultimate authority to review the functions and
performance of the Trust.

The Trust shall adopt bye-laws, constitution, rules and regulations


as approved by the Board from time to time and amendments made to it and
shall abide by the same for the good and efficient administration of the
Trust.

8. Proceedings of the Board : The Board shall meet as often as


necessary to transact the business relating to the Trust, provided that they
shall meet at least once in every three calendar months.

Once of the Trustees shall be elected to preside over every Board


Meeting as Chairman.

The Quorum for the Board Meeting shall be three.

A minute’s book with pages serially numbered shall be maintained for


recording resolutions passed at Board meetings. The minute book shall be
written within ten days from the date of the meeting or the date of the next
meeting whichever is earlier. The minutes of each meeting shall be duly
authenticated by the Chairman of that meeting.

Every Trustee present at any meeting shall sign his name in an


attendance book maintained for that purpose.
In all matters pertaining to the Trust, the decision of the majority of
the Trustees shall be final. In case of the tie of votes, the Chairman thereat
shall have an additional (casting) vote.

The Board shall have the power to delegate any of its powers to any
of the Trustees to the extent it considers necessary or expedient.

9. Powers of Trustees : For the furtherance of the objects of the Trust


and in accordance with the provisions of Section 13(1)(d) and read with
Section 11(5) of the Income Tax Act, 1961 pertaining to use of Trust Funds,
for the time being in force, the Trustees will have the following powers :

(i) To accept any donation, contribution, endowment, grant or


Subscription in cash or in kind from any person, body corporate
or body of person or trusts with or without conditions.

(ii) To apply the whole or part of the income of the Trust and
Accumulation thereof whole or part of the Trust Fund to any one
or more of the objects of the Trust as the Trustees may at
their discretion decided from time to time.

(iii) To sell, dispose of, alienate or otherwise deal with any property
Comprising the Trust Fund.

(iv) To open accounts in the name of Trust, and / or institutions run /


conducted by the Trust with a bank or banks and to operate such
accounts and to give instructions to the bank and to provide for
opening and operation of such accounts by one or more of the
Trustees. The Trustees will have the power to close such bank
accounts.

(v) To make, vary, alter or enact or modify schemes, rules


and regulations for carrying out the objects of the Trust and for the
management of the affairs thereof and /or otherwise for giving
effect to the objects of the Trust with the prior approval of the
appropriate Commissioner of Income Tax.
(vi) To raise loans and advances for the purpose of the Trust and to
repay such loans and advances from out of the income or
funds of the Trust.

(vii) To purchase or acquire movable or immovable properties


including vacant sites and or buildings and to construct, renovate
or demolish buildings or structures for the purpose of the Trust.

(viii) To let out, rent or hire any of the landed properties of the Trust or
take on lease, rent or hire any properties for the use and purpose
of the Trust.

(ix) To accept from India or abroad including donations, sponsorship,


Fees, grants and aids in money, in kind, landed property or in
any other mode either by way of addition to the general corpus
of the Trust or for being applied on any one or more of
the specified objects of the Trust or for the general purposes of
the Trust.

(x) To pay the ground rent, lease amount for any premises or land,
municipal taxes and all other taxes insurance premia, maintenance
charges and all other outgoing in respect of the Trust.

(xi) To constitute an advisory committee and nominate members


therein as required from time to time.

(xii) To institute court cases on behalf of the Trust and to defend cases
against the Trust, by employing lawyer where necessary.

10. Powers of Managing Trustees :


(i) The Managing Trustee of the Trust is authorized to sue or to be used on
Behalf of the Trust .

(ii) All deeds, documents, papers, application shall be executed by


the Managing Trustee representing the Trust.

(iii) The operation of the bank accounts shall be by the Managing Trustee
along with another Trustees elected by the Board of Trustees.

(iv) The proceedings under the Negotiable Instruments Act, 1881 cannot
Be instituted against the all the Trustees but except only by
the Trustees who signed the Cheque and Managing of the Trust.

11. Liability and indemnity of Trustees : A Trustee resigning his office


or otherwise ceasing to be a Trustee shall not by reason of that fact alone be
relieved from his /her liability to the Trust or to his /her co-Trustees in
respect of his/her acts of commission or omission or defaults during he
period of his/her trusteeship. No Trustee shall be made liable for acts or
defaults of his/her predecessors but where Trustees jointly commit a breach
of Trust, each shall be jointly and severally liable for the whole of the loss or
consequences occasioned by such acts.

The Trustees shall not be liable for any loss that may be caused to the
Trust, its funds or property. The private liabilities of Trustees, collectively or
individually, shall not affect the Trust.

The managing Trustees shall be liable to ascertain all statuary


requirements of the Trust and to ensure compliance therewith.

12. Advisory Committee : For good administration of the Trust, the


Founder Trustees feel that the Trust may act under advice from an Advisory
Committee with regard to technical and professional expertise and nominate
the following key personalities as the advisory committee members or any
other expert as chosen by the Founder Trustees:
(i) Mr.K.P.RAMESH BABU M.Com.,L.L.B .,
ADVOCATE.

The Board of Trustees may get advice on necessary subjects from the
above advisory committee members or any other members chosen by them.
They will be paid out of the fund of the Trust for their professional services.

13. Remuneration to the Trustees : The Trustees are not entitled for
any remuneration. But they shall however be entitled to receive out of
pocket expenses incurred by them in the course of discharging the functions
of the Trust. Further the income and funds of the Trust will be solely utilized
towards the objects and no portion of it will be utilized for payment of
Trustees by way of profits, interest, and dividend of otherwise.

14. Assets and Funds : The Trust shall maintain Bank Accounts in its
name and the same shall be operated by such person as the Board may
resolve from time to time.
The sum of Rs.2500 initially contributed by the Founder Trustees
towards the corpus of the Trust is hereby acknowledged by the Trustees as
having been received.

Such of the moneys of the Trust that cannot be applied immediately


or at an early date for the purpose of the object shall be kept invested in such
manner and in such modes as the Board may decide subject to regulations
contained in the Indian Trust Act, 1882 and Income Tax Act, 1961. The
investment of the funds of the Trust shall be in accordance with provisions
of section 13(1)(d) read with section 11(5) of the Income Tax Act, 1961.

The Board shall have the power to release or otherwise dispose of any
or all the investments from time in the interest of the Trust. The Board may
utilize proceeds of such realization of disposal for any of the objects of the
Trust and / or for reinvestments as provided above.

All investments shall be made in the name of the Trust. The Trustees
authorized by the Board shall execute the necessary documents on behalf of
the Trust for all the purposes.

The income and funds of the Trust will be solely utilized towards the
objects and no portion of it will be utilized for payment of Trustees by way
of profit, interest, dividend, etc.

15. Accounts : The Trustees shall cause true and accurate accounts to be
kept of all moneys received and spent and of all matters in respect thereof in
course of management of Trust’s properties or in relating to the carrying out
of objects and purpose of the Trust as well as of all assets, credits and effects
of the Trust’s properties.

The accounting year of the Trust shall be the period starting on the first
day April and ending on 31st March next year. For the first year it shall end
on 31st March …2023…..(year). The said accounts of the Trust shall be got
regularly audited by a Chartered Accounts every year and presented to the
Board by the managing Trustees within three months of the close of the
financial year.

16. Borrowings: The Trust can borrow funds for implementing or


carrying out any of the objects and purposes of the Trust from any Banks,
Financial institutions or private parties on security by mortgaging or
pledging any of the immovable or movable properties of the Trust or without
security of such interest and on such terms and conditions.

17. Irrevocable : The Trust formed is irrevocable and Trust will continue
not with standing the death, retirement or resignation of any Trustees and the
Trust will be continued with the remaining Trustees.

18. Resolving Disputes : If thereby any doubt about interpretation of


this Deed or about duties the matter shall be referred to an arbitrator chosen
by a consensus among the Trustees and his decision shall be accepted.

19. Dissolution: If the objects of the Trust should fail or the Trustees are
unable to continue the Trust, the Trust Fund will not revert either to the
founders or to any one else. The Trust Fund with same charitable objects for
public benefit, such Trust being chosen by the last Trustee. If no such
choice is made, the assets, including the funds will be handed over to
public Trustee or any one appointed by the Government to manage public
trusts to be managed for the objects of the Trust.

20. Proceedings of the Trust : Any defect in the constitution of the Trust
shall not invalidate its proceedings.
21. Amendment of the Trust Deed: It will not be open to the Trustees to
amend the objects or the terms stipulated in this indenture. If any
amendment is necessary for more effective implementation of the objects, it
may be made subject to the concurrence of the Commissioner of Income-
tax/Chief Commissioner of Income-tax/Director of Exemptions or any other
concerned authority under direct tax laws in order that the Trust may
continue to have the status of a public Trust under section 11 of the Income-
tax Act or any analogues section under similar other laws, now or as may be
amended from time to time.

22. Saving Clause: If the object or any of the powers or any provision in
the Trust Deed is inconsistent with requirements of law relating to Public
Trusts or Trusts eligible for exemption under the Income-tax Act, or any
other direct tax law, such object, power to provisions will stand modified to
the extent that the y should accord with such law so as to continue to be
treated as a Public Charitable Trust.

23. The Words not mentioned earlier will be controlled by the Trust Act

Witnesses : Author of the Trust

1.

2. Trustees

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