Rudra Vahini Foundation
Rudra Vahini Foundation
Rudra Vahini Foundation
Hereinafter jointly referred to as “trustees” (Which expression shall, unless excluded or repugnant to
the context, be deemed to include the trustee or trustees for the time being of these presents and their
successors in office) of the other part,
And whereas if the trustees desire to co-opt other eminent personalities as trustees for betterment of
trust, they can co-opt but the total number of trustees shall not be more than Seven.
And whereas if any vacancy made in Board of trustees these vacancy can be fulfilled by election.
Whereas the Settler is desirous of establishing a trust for public charitable objects.
And whereas the trustees have, at the request of the settler, agreed to act as the first trustees of
these presents as testified their being parties to and executing these presents.
And whereas it is necessary to declare the aims and objects of the public charitable trust, being
constituted under these presents.
2. REGISTERED OFFICE: - The Principal office (Regd. Office) of the Trust shall be situated
at: - At- 63 F/F Patparganj Near Bharat Ghar Delhi 110091 or such other place as the Trustees may
from time to time decide. The Trust may also carry on its work at any other place or places, as
decided by the Trustees.
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5. TERMS & CONDITIONS OF TRUST (RUDRA VAHINI FOUNDATION):-
1--Nature- (i) - It is hereby agreed and declared that all activities of the Trust shall be in Non-Profitable
and shall be on “NO-PROFIT-NO LOSS BASIS”.
(II) If any or more of the objects specified are held not to object of social, cultural and educational
nature, the trustees shall not such object or objects as the same are not Incorporated in these
presents, but the validity of trust for promoting social, cultural and educational development of the
people shall not be effected in any manner.
2--Financial Year- The financial year of the trust shall start from 1st April every year, provided that the
Board of Trustee shall be at liberty to change the same from time to time if they so deem it fit and
proper. The first financial year of the Trust shall close on 31st March 2023.
3--Number of Trustees- The number of Trustees including the Settler of the Trustees shall not be less
than three and not more than seven persons. The Board of Trustees shall nominate and invite
person/persons to be the other trustees for such period, as they may deem fit and proper.
4--Term of Office of the Trustees-
(a)-It is agreed upon and declared that Three Trustee namely RUDRA BHANU,BINDU SHARMA,
SHREYASHI AND NIPUN BHANU will be the life members of the Trust and will be members of the
Board of Trustee and in case of voluntary retirement or demise or leaving the country for good and
settling abroad or ceasing to be Trustee of any of them, their nominee or heir shall be taken in as
Trustee and with the same status of life membership and this process of adopting the nominee or heir
of a life member in event stated above will continue.
(b) The term of other Trustee will be for three years from the date of setting of this trust. They may
continue for subsequent terms in merit of their dedication and indulgence in the pursuit of achieving
the established aims and of the trust so created. These Trustees shall hold office for such duration as
may be specified by the board of trustees.
(c)-- Office-bearers:
The President, Secretary, and Treasurer shall be the office-bearer of the Trust. The duties and rights
of the office-bearer shall generally be as under:
(1.) President: -
The President shall be the head of the Trust. He/she shall be President of the Board of Trustees.
He/she shall guide and supervise the various activities of the Trust. His/her duties and rights shall be
as under:
(i) Right to Call Meeting : The President shall have the right to call meeting of the Board of Trustees.
The President may, advice the Secretary to call such meeting.
(ii) Right to Call Extraordinary Meeting: The President shall have the right to call an extraordinary
Meeting, whenever it is deemed necessary.
(iii) Right to preside Over: The President shall have the right to preside over the meetings of the Board
of Trustees.
(iv) Right to Exercise Powers: In the case of emergency the President, may exercise all the powers
and perform all the functions required to be exercised and performed under these Rules and
Regulations by the Board of Trustees. Provided, all such actions taken by the President shall be
placed before the Board of Trustees in the next meeting immediately following.
(v) Right to Inspection: The President may inspect any institution belonging to the Trust, to see its
proper functioning and working. The President may apply his/her emergency power for the betterment
of the institution(s), if he/she thinks fit.
(2.) Secretary: -
Secretary shall be the executive officer of the Trust, he/she shall be at liberty to expend for the
purpose of the Trust, any sum up to Rs. 10,000/-(ten thousand only) without the previous sanction of
the Board of Trustees, but will have to obtain approval of such expenditure at the meeting of the
Board of Trustees immediately following. He/she shall make audit of the income and expenditure of
the Trust. He/she shall act under the direction of the Board of Trustees. The duties and rights of the
General Secretary shall be as under:
(i) To conduct and carry out the proper management of the Trust.
(ii) To make correspondence of any nature for and on behalf of the Trust.
(iii) To arrange and convene meeting whenever it is deemed necessary.
(iv) To maintain and operate bank account(s) of the Trust with such powers of deposit and withdrawal
as may be determined by the Board of Trustees from time to time.
(v) To prepare each year an annual report and balance-sheet showing the progress, activities and
financial condition of the Trust.
(vi) To receive donations for and on behalf of the Trust and issue proper receipts for the same.
(vii) To realize annual subscriptions from life and nominate/invite Members and issue proper receipts.
(viii) To maintain a proper register(s) of members classified into different categories.
(ix) To transect all the business as required by the Indian Trust Act, 1882 and the Charitable and
Religious Act, 1920.
(3) Treasurer:-
The Treasurer shall be the custodian of the funds of the Trust and shall collect all dues to the Trust
and effect all its payments and keep appropriate records of all receipts and payments owing to the
Trust and help the Trust. He/she shall act under the directions of the Board of Trustees. The duties of
the treasurer shall be as under:
(i) To maintain proper register(s) of accounts showing all payments to and from the Trust and
receipts thereof and also prepare a monthly statement showing receipts and expenditures.
(ii) To assist the Secretary in preparation of the annual balance-sheet and in other financial matters
including annual audit.
(iii) To operate the bank account(s) of the organization with such powers as confined by these Rules
and Regulations.
(iv) To deposit/invest any amount of the organization exceeding Rs. 10,000/- which is not required for
immediate use.
(v) To receive ordinarily all payments made to the organization and pass all necessary receipts and
maintain proper books of accounts.
(vi) To keep cheaque-book(s).
(vii) To exercise all other powers as per accounts rule.
(d) If the income of the trust property in a particular year is not fully utilized, the unexpected income,
subject to the applicable provisions of the Income Tax Act, 1961, shall be carried over to the next year
and spent in such subsequent year or years for the advancement of any of the objects of the trust.
(e) It is hereby agreed and declared that the Board of Trustee shall hold and stand possessed of the
presents given by the settler and/or other donors hereinbefore and hereafter referred to as the Trust
property which expansion shall include and be demand to include all money, movable and immovable
property and other investment and also all other cash amount which may be in the hands of the
trustees and other money and properties acquired or gifted or donated to this trust by the settler/
Trustees or any other people whatsoever as under these present for fulfilling the cherished objects of
this trust.
5. POWERS, FUNCTIONS AND DUTIES OF THE TRUSTEES:
All the trustees together collectively govern the Trust and are responsible for all affairs related to the
Trust.
(a)-- All property of the Trust Movable or Immovable or of any other kind, shall vest in trust, the
trustees 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 trustees 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 may be 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 of the 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
otherwise dispose of any movable and immovable properties of the Trust.
(x)-- To appoint a Committee/Committees of management for such terms and with such powers as
may be specified from time to time, for carrying on the routine management of the affairs 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 Settler 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 technical 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.
6. VACANCIES:
Any vacancy among the Members of the Board of Trustees may be filled by the trustees as specified
in para(4) above or their successors and they shall hold office for such duration as may be specified
by the Board of Trustees.
7. 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.
8. MEETING AND PROCEEDINGS OF THE TRUSTEES:
The Trustees shall ordinarily meet once in three months or as often as may be necessary for the
satisfactory conduct of the affairs of the Trust.
9. NOTICE:
Seven days Notice shall ordinarily be given in writing for a meeting of Board of Trustees.
10. QUORUM:
The Quorum for the Meeting of the Board of Trustees shall be 3/5th numbers quorum (out of seven in
which founder trustee will be mandatory) is required for a meeting adjourning for want of Quorum. A
minute book shall be kept by the Settler/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.
11. VOTING:
Decisions of the Board of Trustees 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 of the Board of Trustees shall have a casting
vote in the event of equality of votes, in addition to his own.
12. 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 year i.e., commencing from 1st April to the 31st
March of next year.
13. OPERATION OF THE BANK ACCOUNTS:
The Board of Trustees shall have power to decide on opening and operating the bank account (s) with
any nationalized/ scheduled/co-operative bank(s) or post office(s) in the name of the Trust. Such bank
account(s) shall be operated upon jointly by the President and Secretary or Treasurer of the Trust.
13. 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.
14. 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.
15. 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.
16. 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 SETTLER AND THE TRUSTEES have executed these presents on
the day, month and year above mentioned.
WITNESS:
1. Pradeep Kumar
Aadhaar No.- 352821999764 Mobile No.- 9268827903 S/O-
Raja Ram Address:-
276 patparganj, village mayur vihar phase-1.
2. Ganesh Mishra
Aadhaar No.- 428715171482 Mobile No.- 9958678471
S/O- Hari Nandan Mishra
Address:- 260-A,Harijan Basti , Patparganj East Delhi,Delhi 110091.