TRUST DEED OF
“TRIPURESHWARI SEVANGAN TRUST”
(REGISTERED UNDER THE TRUST ACT)
THIS DEED OF TRUST made on this ______ day of
January, 2018 by :
(1)
SHRI. PARIMAL DEBNATH ( PAN : ADEPD0194M ), son of LATE BENIMADHAB
DEBNATH, aged about 71 years, by faith – Hindu, by occupation – Retired, resident of
16B, Central Park East, Jadavpur University, P.S. – Jadavpur, Kolkata – 700 032,
West Bengal, 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 Author of the Trust are possessed of and otherwise well and sufficiently
entitled to the sum of Rs.50,000/- (Rupees Fifty Thousand only) hereinafter referred to
as said property. Whereas the Author of the Trust desire to irrevocably endowing the
said funds upon trust for public, 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.
(2)
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 SHRI. KASHINATH DAS
2 SHRI. DILIP RANJAN DEB.
3 SHRI. BHOLANATH DAS.
4 SHRI. ANUP DEB.
(All Indian inhabitants, hereinafter referred to as “THE TRUSTEES” which expression
wherever the context so requires or admits shall mean and include their legal heirs,
successors, executors, administrators and assigns).
NOW THIS DEED OF TRUST WITNESSETH AS FOLLOWS :
1. NAME : The Trust hereby established shall be named as TRIPURESHWARI
SEVANGAN TRUST.
2. PLACE : Office of the Trust shall be situated at RAMCHANDRAPUR NORTH,
RAMCHANDRAPUR, SONARPUR, BANHUGLI, SOUTH 24 PARGANAS,
NARENDRAPUR – 700 103, WEST BENGAL or at such other place in India as the
Trustees may from time to time think fit.
(3)
3. OBJECTS : The principal object of the Trust is to carry on NGO, Education
Consultancy, Charitable, Medical, Health, etc, activities conducive to the secular
character of the Indian Nation and to the advancement of national integrity, patriotism
and discipline. For the purpose of or towards achieving the above principal objects, the
Trust shall have the following objects :
(a) To establish, maintain and run Schools, Colleges, Social service Centres,
Industrial Training Centre.
(b) To establish, Training Centre, and allied education institutions.
(c) To establish, Cultural, and Social Institutions,
(d) To Spread for promotion of education and learning in all branches more
specifically in Science and Technology.
(e) To advance Indian Culture and Literature, Service of this Country for the benefit of
our Nation.
(f) To train teachers and workers in ideals and practice of the true spirit of the
education and learning.
(g) To establish research and training centres for the furtherance of
education/learning in it’s various fields and branches.
(h) To undertake propaganda, training and education of the masses either of its own
or in co-operation with similar Agencies working for the cause of all round development
of the Society.
(i) To bring, publish and sell, distribute books, periodicals, leaflets, brochures and
papers and also to open and maintain libraries, reading rooms for the promotion of the
objects of the Trust.
(4)
(j) To function as a Non-communal Trust and as a secular organisation.
(k) To establish centres for employment generation.
(l) To acquire and maintain the movables and immovable properties for achieving
and said objects.
(m) To advance any other objects of general public utility.
(n) To confer title on eminent personality in the field of science, education, literature,
etc.,
(o) To establish the colleges to impart education in the area of higher education
especially the emerging field like, Electronics, Bio-technology, and other allied fields.
(p) To establish, maintain of grant aid for the establishment and/ or maintenance of
health institutions, Gymnasiums, sports clubs, rest house, for use by public in general.
(q) To promote, establish, maintain, undertake pathology Centre, Diagnostic Centre
Dispensary, Drug Centre in the rural and villages for the benefit of poor people, to
provide accommodation to the people who comes from different places for getting
medical treatment/services.
(r) To borrow funds and create charge over the assets of the society for fulfilling
any of the objects of the society and so on.
The trust shall be an irrevocable public 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 Author 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.
(5)
4. NUMBER OF TRUSTEES:
The number of Trustees including the Author of the Trustees shall not be less
than 4 (Four) and not more than 9 (Nine) 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.
5. TERM OF OFFICE OF THE TRUSTEES:
These Trustees shall hold office for such duration as may be specified by the
board of trustees.
6. PRESIDENT:
There shall be a president for the administration of this trust, nominated by the
board of Trustees, who shall be one amongst trustees as specified in para (4) above for
such period, in such manner as may be specified in this behalf.
7. MANAGING TRUSTEE:
(i) The day-today administration of the Trust shall be looked after by the Managing
Trustee under the guidance, control and supervision of the Board of Trustees.
(ii) The Board of Trustees shall nominate one amongst the trustees as specified in
para (4) above to be the Managing Trustee, who shall hold office for such period, as
may be decided by the Board of Trustees.
(iii) The Managing Trustee shall perform all functions, discharge such duties as
or specifically entrusted to him/her in writing by the Board of Trustees.
(6)
8. 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.
9. 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.
10. MEETING AND PROCEEDINGS OF THE TRUSTEES:
The Trustees shall ordinarily meet once in 3 (three) months or as often as may be
necessary for the satisfactory conduct of the affairs of the Trust.
11. NOTICE:
15 (Fifteen) days Notice shall ordinarily be given in writing for a meeting of Board
of Trustees.
(7)
12. QUORUM:
The Quorum for the Meeting of the Board of Trustees shall be 1/3rd numbers
quorum is required for a meeting adjourning for want of Quorum.
A minute book shall be kept by the Managing Trustee. 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.
13. 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.
14. POWERS, FUNCTIONS AND DUTIES OF THE TRUSTEES:
(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.
(8)
(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
(9)
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 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.
(10)
(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.
15. BANK ACCOUNT:
(i) The Board of Trustees may open such Bank Account or
Accounts in any of the Banks in the name of
TRIPURESWARI SEVANGAN TRUST such accounts shall
be jointly operated by the President and Managing Trustee.
(ii) The trust may open Bank Account/s in the name of
institution/organization founded by the Trust. Such Bank
Accounts shall be operated by such persons as authorised
by the board of trustees from time to time.
16. 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.
(11)
17. 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.
18. 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.
19. 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.
20. 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.
(12)
IN WITNESS WHEREOF THE AUTHOR OF THESE AND TRUSTEES
HERETO HAVE SET THERE RESPECTIVE HANDS THE DAY AND YEAR
FIRST HEREIN ABOVE WRITTEN.
WITNESS :
(SHRI. PARIMAL DEBNATH)
1.
Author of the Trust
(SHRI. KASHINATH DAS)
(SHRI. DILIP RANJAN DEB)
2.
(SHRI. BHOLANATH DAS)
(SHRI. ANUP DEB)
Trustees
DRAFTED AND PREPARED BY
(SWAPAN DASGUPTA)
ADVOCATE
HIGHCOURT, CALCUTTA
(13)