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Trust Deed

The Tripureshwari Sevangan Trust, established by Shri. Parimal Debnath in January 2018, is a public educational and cultural trust aimed at promoting various charitable activities including education, health, and social services. The trust is governed by a board of trustees and has specific objectives such as establishing educational institutions, promoting Indian culture, and providing healthcare services. The trust's assets and funds are to be used solely for its objectives, with provisions for the appointment and management of trustees, as well as the maintenance of financial records.
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0% found this document useful (0 votes)
53 views13 pages

Trust Deed

The Tripureshwari Sevangan Trust, established by Shri. Parimal Debnath in January 2018, is a public educational and cultural trust aimed at promoting various charitable activities including education, health, and social services. The trust is governed by a board of trustees and has specific objectives such as establishing educational institutions, promoting Indian culture, and providing healthcare services. The trust's assets and funds are to be used solely for its objectives, with provisions for the appointment and management of trustees, as well as the maintenance of financial records.
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Available Formats
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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)

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