DEED OF DECLARATION OF SERVICE TRUST OF
THIS DEED OF DECLARATION OF TRUST made this day of by Mr. xxxxxxxxx hindu about the age 37 years, s/o. xxxxxxxx, west street, xxxxxxxxxxPost, xxxxxxxxx Taluk, xxxxxl District, Tamilnadu, India, Zipcode xxxxxxxx, hereinafter called the SERVICE TRUST which term shall mean and include where ever the context so requires his hire legal representatives, executors, administrators and assign OF THE ONE PART AND IN FAVOUR OF,
The founder of this trust Thiru xxxxxxxxxx being the author of trust will be the FOUNDER SECRETARY. The founder-secretary has appointed the following members as other trustees of the SERVICE TRUST. The following persons whose name, address, description and occupation here to subscribed are appointed to the trust as members. The members have agreed to form and cooperate for the social cause, In pursuance of the memorandum of articles function as a non-profitable, education, health, infrastructure of life style and socio-service organization.
The founder has the privilege of appointing following members as Trustees.
1. NAME AND ADDRESS
2. NAME AND ADDRESS
3. NAME AND ADDRESS]
I.Delegate of Trust
1) Thiru XXXXXXXXXXXXis Founder and Secretary
2) Thiru XXXXXXXXXXXX is a Joint Secretary
3) Thiru XXXXXXXXXXXX is a Treasurer and Chairman
4) Thiru XXXXXXX is a Nominal member of trust. Special executive of this trust.
5) Thiru XXXXXXXXXXX is another one of nominal member of this trust.
II. NAME OF THE TRUST:
“SERVICE TRUST” shall be the name of the trust.
III.OFFICE OF THE TRUST
The office of the trust shall function at ---ADDRESS -- and will have a branch office at ADDITIONAL ADDRESS, Dindigul Dist. and the trust may open additional offices or branches at anytime at any place in India
1) Whereas the trustees have interest in promoting social welfare, health activities, infrastructure of life, health and wealth awareness, rural economy, women and child education, Tribal’s health activities with welfare and improvement of the economically weaker section.
1) Whereas the trustees have interest in promoting social welfare, health activities, infrastructure of life, health and wealth awareness, rural economy, women and child education, Tribal’s health activities with welfare and improvement of the economically weaker section.
2) And, promote to Self Help Group Activities (SHG) (both male and female) with especially in micro finance schemes.
3) Whereas for the above mentioned purposes, the trustees have set apart a sum of Rs. 500/- (Rupees Five hundred only) as the corpus fund.
4) The trustees have agreed that the grants, contributions, and funds that may be received further shall be spent towards the promotion of the objectives of the trust and works in connection therewith,
5) The fund so set apart that accrues and accumulates shall be termed as “TRUST FUND” which expression, shall include movable property. Investments of any kind whatever might be converted or varied from time to time as may be required by the trustees.
NOW THIS DEED OF TRUST WITNESSETH
The founder of the trust hereby, confirm that they have set apart, transferred and assigned to the trust the set sum of Corpus fund Rs. 500/- upto the trust to hold same as corpus fund by the trustees on the following trust named as
"SERVICE TRUST”
The office of the trust shall be, at -MAIN ADDRESS -and will have a branch office at ADDITIONAL ADDRESS District.
To pursue the following (charitable) objectives regardless of nationality, race, creed, community, caste, languages and social status.
The income and property of the trust whensoever desired shall be applied solely towards the promotion of the objectives of the trust set forth in this memorandum.
IV. OBJECTIVES OF THE TRUST
1) To help educationally and economically backward people of the society and to improve their living condition.
2) To this is formed on a non-profit basic for the poor and needy to enable to help themselves for total developments.
3) To promote education, culture and socioeconomic welfare in both urban and rural area in the country and to improve the living conditions of the people at the lower strata.
4) To cater to needs of economically, socially and educationally weaker sections of the people, and promoted Self Helf Group Activities & Micro finance with infrastructure of their life style.
5) To set up institutions and study centres to provide educational facilities such as general education, technical, non-technical, medical, and legal counseling, paramedical, sidha, homeopathy, herbal with alternative medicines etc.
6) To develop the economical cultural outlook of the people of the area, especially in hills region.
7) To improve the educational and social facilities of the area through non-formal and development education.
8) To offer training in productive village and small-scale industries.
9) To promote free marriage counseling and free marriage.
10) To provide facilities for nutrition and childcare, Restriction programme in infanticide..
11) To improve family welfare, personal hygienic and environment education.
12) To publish books, magazines and journals in the socio- economical and cultural fields.
13) To promote women, handicapped people and child welfare, orphans, lunatic child, farmers and other kind of weakers.
14) To setup old age homes other than, improvement of Tribals health & wealth with social status.
15) To promote improved housing and living conditions to the needy.
16) To set up hospitals and extend good medical facilities to these in need especially the poor and middle class, with advice to medical facilities, hospitals, rural herbal medicines and all type of traditional and modern with customary used medicines also...
17) To promote disaster relief activities from earthquake, tsunami, flood, thunderstorm, lightning, catestrophy, firing, major accidents, ruins, phinomeno, and selective diseases of tench, flu fever, bird flu, anthrax, cholera, brain fever, fluke, malaria, aides, scars, chickun kunya, cancer-relief activities.
18) To help the blind child, and handicapped people in self-employment, blood donation and education.
19) To put up working women hostels.
20) To create awareness of “human rights” and consumer rights and other fundamental rights.
21) In general to take up activities will accelerate the economic, cultural and social well - being among the masses.
22) In appropriate low cost agriculture methods and in rural based industries and guide with help to small agriculturalist and individual met chants are gaining from foreign exports import activities with their foreign currency conversion, convertible ideas and help proceedings.
23) To co ordinate such activities with the aid and help or national/ internationals development agencies nationalized banks and cooperative and government institutions...
24) The trust is established to five training to the poor and needy and good society formations.
25) Awareness of pollution, health information, tourist information with guide.
26) Counseling to job studies, marriage, family disputes and love and affairs disputes.
27) To encourage scientific inventions like physics, chemistry, unicode information, rare metals, stones collections, nano technology, computer hardware and software technologies and medicines.
28) To promote to legal aid camp with medical camp.
29) To promote all religion charitable activities.
30) To promote mental illness programme, family counseling and foreign study, aid with explain day by day globally inform activities.
V. TO PROMOTE AND CARRY ON THE OBJECTIVES
1) The trust is empowered to apply for and receive grants and contribution from private and public, internal and external agencies, institutions and governments as the case may be,
2) Trust is also empowered to purchase, lease or rant property as and when required to promote and execute the objectives.
3) The trust is empowered to purchase, lease or rent property as and when required to promote and execute the objectives.
4) The trust may enter into contract or agreement or any other transaction for the purpose of promoting the aims, and to increase the funds of the trust for service activities.
5) To sell, alienate, lease, mortgage, create charges pledge, hypotheticate, transfer or otherwise deal with all properties funds and assets of the trust as the board may dream fit for their improvement.
6) To appoint persons representatives for other works on such condition as may be thought necessary by the trust.
7) To appoint, persons, representatives and cluster activities for other works on such condition as may be thought necessary by the trust.
8) To appoint all persons representatives are solemnly obey the trust rules and regulations.
9) The trust is empowered to take on lease, license, and hire otherwise required and to hold, manage, administrator, deal with movable and immovable property that board deems necessary.
10) The trust is empowered to take on global contracts to India
11) The trust globally collect major funds from individuals, organizations, and agencies via (bank notes paper money), cheque, Demand Drafts, Money order, wise transfer (Bank wires) huge valued currencies and others.
Trust funds acquired or earned shall be solely utilized towards the fulfilling the objectives and no portion of it shall be utilized for payments to trustees by way of profits-interest or dividends or otherwise.
The Programmes and benefits shall be open to all irrespective of caste, religions and creed.
CONSTITUTION OF THE TRUST BOARD
The trust shall consist of only two persons 1) founder and secretary, 2) Chairman and Treasurer, and other reasonable members are nominated for the trust by the founder and Author.
VI. ADMINISTRATION
MANAGEMENT OF THE TRUST (power of Chairman)
The founder trustee shall be the executive trustee for the entire his lifetime. The “FOUNDER TRUSTEE” herein had agreed to contribute Corpus fund Rs. 500/- towards the corpus of the trust. He has got the power to appoint additional trustees not exceeding two in number. And,
The founder of the trust shall be executive head and be in charge of the trust. He shall preside the meetings and conduct them. He shall assist and advise to carry out the function and all activities.
VII. DAY TO DAY MANAGEMENT OF THE TRUST:
It shall be done by the executive trustee. The executive trustee shall for services rented be entitled to draw monthly salary and other pre requisites as may be decided upon by the board from time to time. The executive trustee shall have powers to appoint and remove the additional trustees from the office in one of any breach of trust.
The no-appointment of the trustee against a vacancy shall not invalidate the trust or any action taken or done on behalf of the trust. However all vacancies shall be fill up at the earliest.
Power of the Secretary shall be the executive head of the trust:
a) Manage of all affairs of the trust.
b) Cavern Trust board meetings.
c) Incurs expenses according to the budget and produce receipts and maintain accounts of the trust.
d) Conduct activities and programmes to achieve the objectives of the trust.
e) He is empowered to be present before the activities to give written petitions, to covers pond to carry out the work of the trust, and regularize and achieve aims, plans, and programmes.
f) Empowered to convene trust meeting to set up office and appoint staff and to supervise their works and duties with the consultation of the chairman.
g) Treasurer shall maintain all the accounts and look after the payments, pertaining to the activities of the trust on the arise on the secretary.
Board Meetings:
1) The chairman or in his absence a senior member shall preside the meetings of the board of trustees.
2) Trust shall meet normally twice in a year.
3) The trustees can call meeting as and when required for urgent purposes within 10 days notice in advance.
4) A simple majority of the members including the chairman constitutes the quorum for passing resolution and conduct activities etc., of the trust.
5) The executive trustees have the sole responsibility to convene the board meeting.
6) In case, any additional trustee decides to hold an emergency meeting the cost of convincing such a meeting shall be borne by that additional trustees. And the board shall appoint a president to preside over the board meetings. The president also has the power for a casting vote in cases where consensus is not applicable.
VIII. FUNCTIONS OF THE TRUSTEES:
1) To be responsible to carryout the objectives under part II of the trust.
2) To appoint and discharge personal as and when required to carryout the works of the trust and to fix their payments.
3) The chairman shall take part in the meeting and decide and advice on promotional activities.
4) The secretary shall be encouraged of the official work pertaining to the trust. The secretary shall maintain all records necessary as a when the functions of the trust expands.
5) Treasurer shall maintain accounts and shall pay such persons, bills or activities on the approval of the chairman.
6) A joint account shall be opened by the trust in one two banks and operated jointly. joint account should be operated by the secretary & treasurer in case of absence any one of the two members, the third person shall be entitled to sign and operate bank accounts temporarily until the return of the secretary or treasurer as the case may be.
7) Secretary shall have a contingently limit upto Rs. 70,000/- for unforeseen expenses.
8) Any expenditure upto Rs. 50,000/- can be incurred by the Secretary for the trust.
9) Any expenditure upto Rs. 50,000/- shall be approved by the chairman and satisfied by the trust board in due course.
IX. TERMS OF OFFICERS:
1) The founder trustees shall hold the office in the trust till their life time however within these trustees they can change their position as according to necessity.
2) The trustees on their liability to otherwise, can nominate their representatives in his or her place, if they so desire. However the junior member of the trust, they have to abide by the existing trustees, such nominated trustees will not have the voting power, until such time, they are found to be fit, by their activities and attitude towards the trust, and it unfit, they can be removed from the board by a simple majority of the existing trustees.
3) The trust shall have persons of eminence as “Patrons”-for help and advice in achieving the goal.
4) Along with expansion of activities, suitable members can be incorporated as nominated trustees.
5) Such of these nominated trustees if found unworthy shall be removed by the founder members and their decision will be final and cannot be challenged in any form.
X. PROPERTIES OF THE TRUST:
The trust can acquire/buy/accept donations cash or in kind and can invest such money receive in the property of the trust. The trust can also acquire in further assets movable and immovable in order to carry out the objectives of the trust. Every property of the trust shall be kept only in the name of the trust, at present the trust has no immovable or movable property for the purpose of the income tax exemption, the trust shall be invest the money received as per the rules and regulations mentioned in the income tax act of 1961.
XI. REGISTRATION UNDER INCOME TAX & FOREIGN CONTRIBUTION REGULATION ACT:
For achieving above said objectives of the trust shall register itself under the various section of the income tax and also apply for 12(a) and 80G so as to carry out the effective functioning of the trust.
The return shall also to field with the income tax department periodically, the trust shall also register under “Foreign Contribution Regulation Act” (FCRA) enable to receive contributions for individuals or organization residing abroad and non-residential Indians and other world agencies.
XII. POWER OF THE TRUSTEES:
1) The trustee shall be entitled to received donations, subscriptions, contributions and gifts in cash or in kind, to held and administer such receipts and to collect funds my making public/private appeals for carrying out the objectives of the trust.
2) For the purpose of carrying out the objectives, the trustee shall be entitled to employ skill personnel, servants and pay for their service, fees, honorarium, salary or remuneration as a trustee may deem fit.
3) The trustees may purchase/acquire properties, sell/dispose any properties may take on lease/hire or exchange any property is the trustee may think it is necessary for the purpose of the trust.
4) The trustees may draw, accept endorese, discount, execute and issue cheques, promissory notes, bills and other negotiable transferable instructions.
5) The trustees may open/operate accounts of any description in any nationalized bank/banks are charges may be signed by the trustees or any person designated by the boards of trustees to sign cheques.
XIII. ACCOUNTS OF THE TRUST
The executive managing trustee shall maintain regular accounts of the trust funds and records of its available properties and shall get the junior auditor by a chartered accountant. The accounting years of trust shall from 1st April to 31st March of the succeeding calendar year.
Accounts and Audit
1. As and when the activities of the trust expends, trust is empowered to employ persons on payment of salary to its requirement.
2. A certified accountant in case shall audit the accounts if the expenditure of the trust is more than Rs. 1,00,000/- per annum.
3. The funds of the trust shall be invested in accordance with provisions of section 11(5) r/w 13(1)(d) of the Income Tax Act 1961.
XIV. AMENDMENTS:
May be approved at regular meetings of board and the proposed amendment must be submitted at least 30 days period to the board meeting.
XV. PROPERTIES OF THE TRUST:
At present the trust has no immovable or movable property:
The trust shall invest its income available for investment from time to time in specific forms of investments as per section 13(1)(d) r/s II(5) of the Income Tax Act of 1961.
Trust can acquire/buy/accept donations, cheque, cash of in any huge valued world currencies (Bank notes/Paper money) or in kind and can invest such money received in the property of the trust. The trust can also acquire in further assets movable and immovable in order to carryout the objectives of the trust. Every property of the trust shall be kept only in the name of the trust. At present the trust has no immovable or movable property.
For the purpose of Income Tax exemption, the trust shall invest the money received as per the rules and regulations mentioned in the “Income Tax Act of 1961”.
XVI. LEGAL DISPUTE’S LIMIT AND LIABILITIES:
If any arise the legal disputes, the all disputes are should be dissolved in
Dindigul CourtJurisdiction only.
XVII. THIS TRUST IN IRREVOCABLE:
If the trust hereby constituted fails for any reason is the opinion of the trustees, the net assets of the trust board movable and immovable shall be handed over to any older public trust as decided by the majority of the trustees.
Otherwise,
The trust shall be irrevocable. In the event of the objectives of the trust failing/security impossible of performance upon the dissolution on winding of the trust, the assets remaining as on date shall on no circumstances be distributed among the trustees but the same shall be transfer to another trust/association whose object are similar to those of this trust. The trust is not a profit motivation trust and at present the trust has been immovable or movable property are not in this trust.
IN WITNESS WHERE OF THE FOUNDER TRUSTEES HAVE SET THEIR HANDS, AND SIGNATURE ON THIS DEED ON THE DAY, MONTH, AND YEAR FIRST ABOVE WRITTEN IN THE PRESENCE OF WITNESSES.
Signature
(Founder Trustee)
Witnesses:
1.
2.
Witness where as I, XXXXXXXX the founder of trustee, solemnly affirm that the facts given above are true of and my signature on its date of ____th _____Month ____Year Before the under mentioned witnesses.
PREFERED BY E.SENGUTTUVAN ADVOCATE,BATLAGUNDU
