Deed and Instrument of Trust:old

8/8/2019 Deed and Instrument of Trust:old

1/15

DECLARATION OF TRUST:

~ This DECLARATlON OF TRlJSTI-riade on this the 23 day of Ar,ril1999 at~ Varanasi by GyanendraPati, (hereinafter called the "Settlor", which expression~~ shall unless exchidect by or repugnant to the subject or the context, be deemed to. include his successors, assigns, nOlninees, representatives, executors or

administrators) son of Mr. D. P.Chaturvedi and Resident ofB3/12, Aru.1apUll1aNagar Colony, Kashi Vidya Peeth Rd. Varanasi - 221 002,(U.P.)

~ AND WHERE~AS the Settlor and the following have agreed to act as> . Trustees(hereinaftercalled the "Board ofTrustees") having accepted there to and~. signed the Deed and Instrument ofTrust :

~NAMESOFTRUSTEES AGE ADDRESS1. Mr. GyanendraPati(poet) About 47 years B 3 /12, Annapurna

Nagar Colony, K.ashiVidya Peeth Rd.Varanasi ,221002,(U.P)

.Mrs. Shruti Nagvanshi . About 24 years SA 4/2-A,Daulatpur,Varanasi-221 002.

3. SantVivekDas About48years KabirBhavan,plotNo.25, Local ShopingCentre, PushpaBhavan,MadangiI;Ne\.-DeIhi-62

AND WHEREAS. the settlor has settled and has endowed theabovesaidTrust with a sum ofRs. 1500/- in cash towards the Cmpus of the Trust, with thepurpose offounding the Trust and for the objects set out here~after.

AND WI-IEREAS the Trustees have to cany out the Trust hereinafter created,

HENCE IT WlTNESSETIIAND IT BE AND IS HEREBY AGREED TO ASFOLLOWS:


2/15

, 1. Name

The name of the Trust shall be "IAN MTIRA NYAS"

~2.

~

3.

REGISTERED OFFICE:TIle Registered office of the Trust shall be situated at (SA 4/2, Daulatpur,

Varanasi-221 002.) or at such other places as the Trustees may decide fromtime to time.

OBJECTS:

The Objects of the Trust shall be as under:. (i) To establish Institutes such as Schools, Colleges, Research Institutes

~ etc., without any motive of profit whatsoever, and organise campaigns

tand awarcness-programmes with the aiJn of inculcating such valuesand inlparting such knowledge which go into making a hiunan being

nlOre humane and awake to the task of creating a world where all beingsco-exitst haml0niously.

(Ii) To organise Campaign and rehabilitation programmes for eradication of

child slavery, child labour, bonded labour and other forms of socialcruelty and discriminatory practices.

(Iii) To establish watchdog committees for the protection of human rights

and civil liberties and organise awareness campaigns for the same.(iv) To make all-out efforts to fight the spread of obscurantism and revavalism

in the society and endeavour to equip the populace with scientific temper.

(v) To establish printing and publishing Units alongwith Translation Bureaux

for providing instruction in and dissemination of useful knowledge,

without any Inotive of profit whatsoever.

(vi) To Provide facilities for conferences and seminars and courses on

subjects as Inay be deerped appropriate, from tinle to time.

(vii) To provide inresidenye facilities forvisisting scholars, Research Work.ers,

VISitors and such students as are desirous of availing the facilities available

at the centre.

(viii) To rejuvenate and revive village industries, ethnic crafts and ethnic andlocal arts and culture without any motive ofprofit whatsoever.


3/15

~ (ix)

\

~(X)~~

To establish and maintain projects for the benefit of the local community

with reference to health, nutritio~ environment, literacy apd"agriculture,without any lnotive ofprofit whatsoever.To aid and assist, in any lawfUl manner any other Trust, Society, Instituteor Association having similar objects, as the settlor may ip.consultationwith theothertustee(s) decide form time to time. " "To provide finandaI assistance, aid, scholarships, stipends, grants, loans

for above mentioned ol;>jectives.With a view to implement the objects aforementioned, the settlor, actingin consultation with the other trustee(s) may do all or any of the followingacts and things, provided, however, that the Trust shall not cany out anyactivity for any motive of profit whatsoever and that any incomearising therefrom, shall be utilised wholly forthe objects of the trustlnentioned above, and shall not in any manner be distributed amongthe settlor and the other trustee( s) for their personal benefit.

(a) To raise funds or acquire assets, by accepting donations, gifts,

grants, aid and other contributions, for all or any of the objects ofthe Trust, from any person, institution, Governn"lent, Trust,

Corporation or Association etc.

To publish literatwe cmd periodicals for the purpose ofinfonnationand education.

(c) To enter into any agreen"lent or arrangernent with any person orcorporation in furtherance of the objects of the Trust, directly orindirectly, provided, however, that no charge, lien, mortgage or anyform of encUlnbrance what.c;;oever,shall be created in respect ofany of the Assets in furtherance of any of the aforesaid objects ofthe trust.

1I

I

. II

I

I

i


4/15

\1 - - (d) To apply to any appropriate authority for the sanction and grant oflands': on lease or otherwise and/or any other benefit, in any part of India, as

:l~~ may be necessa.I) to establish/maintain centres for the fiutherance and

attairunent of the objects specified above.

Provided, however, that the entire income from the properties held for

the trust, and all donations and monies received towards the corpus of

the Tnlst, shall be ilsed strictly and exclusively for the benefit of the

public at large and for the objects of the Trust; no activity shall beI ,-

carried out for any Inotive of profit whatsoever. ~~

The settlor of the Trust and Mrs. Shruti Nagvanshi shall be Trustees for life,

unless he/she/they resign ofhis/her/their accord.

The vacancy in the office of the settlor and Mrs. Shnlti Nagvanshi shall

- -du,ring their life time be filled by the nominee expressly appointed in writing

and in the case of the death of the settlor and/or Mrs. Shruti Nagvanshi by

hislher/their successor in officer nominated in his/her/their will.

3. The minimum number of Trustee( s) constituting the Board ofTnlStee(s) shall

bethree including the settlor and Mrs. ShrutiNagyanshi or their Nominee or

Successor-in-office. The maximum including the settlor, his nominee or

successor-in-office shall never exceed seven(7).

4. The Settlor, his Nominee Expressly appointed during his life time or his. -

successor-in-office appointed by the will as also that ofMrs. Shruti Nagvansh4

shall have the same powers, functions and duties as are assigned to the

settlor and Mrs. Shruti Nagyanshi nnder the present Deed.


5/15

~

'~6.

The settlor may appoint Managing Trustee( s) and delegate by express

resolution such fimctions and authorities to him/her/them as he may deem fit

and revoke the same, wholly or in part, as he may deeln fit in his absolute

discretion.

All account books, records, title-deeds, and other documents relating to the

properties of the the Trust, shall remain in the custody of the Chainnan forthe time being, or any other person appointed by him for such custody,

provided, however, that in the event of succession to the office of the

settlor, or nomination, ifany, the said books, records, documents, negotiable

instruments, shall be delivered up to the successor-in-office, by any person

in possession of or having custody of the same.

The Trustees shall have the following :functions, and shall undertake the duties

as set out below:

The Settlor, in consultalion wiLhthe other Trustee(s) shall have the power to

buy, erect, construct, sell or otherwise dispose oflands, buildings, workshops

or any other property or assets, and to demol ish or alter the same in any

manner provided that the settlor, his nominee, or his successor-in-office shall

always act in the best interests of the trust and shall not exercise his powers

to the detriment and prejudice of the Trust;

The Settlor may, in consultation with the other Trustee( s), allot, from time to

time, funds for anyone or more of the various objects of the Trust, and may,in his absolute discretion, not allot fimds for anyone or more of the above

objects;

The Trustees Inay accept any donation or contribution in cash or kind, from

any person, finn, Company, Corporation, Association, Institution or Trust,

for the furtherance of the objects of the Trust, or for anyone or more of

them, upon such terms and conditions as they may in their absolute dicretion

think fit, provided, however, that they are not inconsistent with the

objects of the trustees. The Trustees may take over the Management

of any other Trust or public Institution, on such terms as they think fit to

managetheln;

The Trustees shall invest or deposit the Corpus fimds of the Trust and the

incOlne derived therefi:om, strictly in accordance with the provisions relating

to public Charitable Trusts in the Indian Income-tax Act, 1961;

The surplus fimds of the Trust shall be invested as provided in the Indian

Income-Tax Act, 1961 as amended from tUne to tUne;


6/15

Without pr~jlldice to any ofthe powers ofthe Trustees set out in this Dee~

the Trustees shall have the power, at any time and from time to time, to

expend any part of the Corpus of Trust, and the property, for anyone or

more of the objects of the Trust, provided, however, that such expenditure is

incurred with the concurrence of the Settlor during his life-time, and thereafter

by consent in writing of the Settlor's successor-in-office, at the time such

expendit\Jre is incurred; except where such power has been duly delegated to

a Managing Trustee and/or any other Trustee;

The Settlor, in consultation with the other Trustee( s) shall have full power to

enter into contTacts for carrying out the ob jects of the Trw;t, and to crnploy

contractors or expelts, or execute such work departmentally and to suspend

or disnuss anyone ofthem, on such terms and conditions as may be considered

appropriate and to do all other acts and things incidental to or connected with

the furtherance of the objects ofthe Trust, or anyone of them ;

The Trustees may hold any of the properties of the Trust, in the name of the

Trust, or where, under any law, the property cannot be held in the name ofthe

Trust, then it shall be held in the name of any of the Trustee( s) who shall hold

the same for and on behalf of the Trust;

If the income from the property of the Trust in a particular year is not fully

utilise~ the accumulated income shall be carried over to the next year( s) and

spent in such subsequent year(s) for the advancement of any of the objects

ofthe Trust, subject to the relevant provisions of the Income-Tax Act, 1961;

The Settlor,in consultation with the other Trustee(s )may demise any immovableproperty or properties, for the time being and from time to time, belonging to

the Trust, either from year to year or for any fixed term or for any term of

years or on monthly tenancies, at such rent and subjectto such covenants

and conditions as they may think proper and accept surrenders ofleases and

tenancies, and generally manage the same in such manner as they think Proper;


7/15

12.

~

1

11. The Settlor, in consultation with the other Tnlstee( s) shall have full power to

compromise or componnd all actions, suits and other proceedings including

arbitrations, and settle differences and disputes connected with, touching

or arising out of the properties or estates of the Trust, and do all other acts

and things fully and effectually without being liable or answerable for any

bonafide loss occasioned thereby;

The Settlor and the other Trustee(s) may from time to time frame schemes,

Rules and Regulations to carty out the objects of the Trust and for managing

the affairs of the Trust and for otherwise giving effect to the objects and

purposses of the Trust, and to vaty the same from time to time, as they may

in their discretion deem fit and proper;

The Board of Trustees may reimburse themselves and pay and discharge out

of the corpus of the Trust, all expenses incurred by them in or about the

execution of the Trust or any of their duties and functions under

these presents, including travelling expenses and the like, but will not be

entitled to any remuneration;

14. Any Trustee may resign at any time, without assigning any reason and without

being responsible for any costs occasioned by such retirement;

15. The Surviving or continuing Trustee(s) may, notwithstanding any vacancy inI

the Board of Trustees act as the Board of Trustees, provided, however, that

ifthe nun1.berofTrustees falls below three the minimum fixed by these presents,

the reluaining Trustees shall not except for the purpose offilling up the vacancy,

act so long as the nurnber is below the said minimum;

16. Two Trustees at a meeting of the Board of Trustees shall form a quorum for

any meeting ofthe Board of Trustees;

17. The Settlor, or his successor-in-office, or anyone, so expressly appointed

for a particular meeting by the Settlor or his successor-in-office shall act as

the Chairn1.an of the meetings of the Board of Trustees, or any sub-

committee(S) thereof;


8/15

i19.

t

The proceedings and questions and matters arising at the meetings of the

Board of Trustees shall be decided by a majority of votes, and in case of an

equality of votes, the Chairman, shall have a second or casting vote, provided,

however, that notwithstanding anything herein stated, no question dealing

with the disposal of the corpus of any of the properties of the Trust and/or

investment of the corpus of any of the Trust shall be decided except with the

express consent of the Settlor of the Trust or 4.is.successor-in-office;

In case of a difference in opinjon be een the Trustees, the opinion of the

majority shall prevail, and ifthe Trustees are equally divided in any matter, the

Chairman of the Trust shall have a casting vote;

20. A resolution in writing circulated amongst all the Inelubers of Board of

Trustees and signed by a lTIqjority of the Trustees, shall be as valid and

effectual as if it had been passed at a meeting ofthe Board ofTrustees, duly

called and convened;

21. Notice ofameeting of the Board of Tn IStees and all COmlTIUmcationsmay be

sent to the Trustees at their respective addresses registered for the time being

in the records of the Trust. The period of notice for the meeting of Board of

Trustees shall be 30 clear days.

22. All meetings of the Board of Trustees shall be held at such place and at such

time, as the Chairman of the Trust shall decide from time to time;

23. The Minutes of the proceedings of every meeting of the Board of Trustees

shall be entered in a book to be kept for such purpose, and signed by the

Chairman of such meeting or of the following meeting when they are read

over and shall when so entered and signed, be conclusive evidence of the

business transacted at such meeting;


9/15

25.

~

~ (.~

(i) an undischarged insolvent; or

(n) convicted of an offence involving, moral turpitude; or

(ill) of unsound mind;

Shall be eligible to be a Trustee, provided, however, that a minor may be

a Trustee, where his guardian is there to protect the minor's legal interest

and conduct legal transactions on his behalf;

The power to appoint new or additional Trusttes, but so as not to exceed the

maximum number of seven and to fill vacancies in the office of Board of

Trustees, shall vest in the Settlor, or his successor-in-office and where the------ -

(a) Ifhe dies; or

(b) Ifhe becomes bankrupt; or

(c) Ifhe becomes insane or otherwise becomes incapable of acting; or

(d) Ifhe resigns from his office;

27. The Settlor may in consultation with the other Trustees have the power in

relation to appointJ11ent, te1111ination,removal of the Trustee (s), officers,

employees, etc;

28. There shall be an Annual General Meeting of the Board ofTrustees, but any

number of other l11eetingslnay be convened by the Chairman of the Trust, as


10/15

Ona new or additional Trustee (s) being appointed, and on his/her/their

accepting the appointrnent, the property of the Trust shall automatically

vest in him/her/thelu, along with the other Trustee(s) for the time being,

and he/she/they will be entitled to carry out the duties and functions of the

Trustee without any other deed or writing;

The Board ofTrustees shall be entitled to sue, with the consent of the Chainnan

in writing, in the name ofthe Trust, and may similarly be sued in the name of

the Trust;

The Board of Trustees shall have the accounts of the Trust audited annually

by a person(s) duly qualified to be an Auditor, under the Companies Act,

1956;

The Trust shall be cOlnpetent to open Bank Accounts in anyone or more

Banks as m.ay be decided by the Board ofTrustees fron1 time to time. Every

sum of money received on aCcow1t of the Trust, shalJ be deposited to the

Credit of the Trust's accounts in anyone ofthe said Banks, unless otherwise

expressly provided in the Ru les or by any Resolution of the Trustees. The

operation of the aforesaid B~U1kaccounts shall only he by the Sctlloror his

successor-in-office unless the Settlor or his sCLLccessor-i.n-office directs

otherwise, in writing;

33. Without affecting the generality of the powers of the Trust to manage and

administer its affairs, the Board ofTrustees shall have the following fimctions;

(i) To arrange for and/or to authorise the signing or execution of any agreement,

contract, instrument, document, or any other paper or writing, required to be

signed or executed on behalf of the Trust. Besides the Settlor, or his nominee

or his successor-in-office, no other Trustee shall be entitled to execute such

agreements/documents, unless so expressly authorised. Such agreement!

document shall become effective, as provided therein, if the Settlor or his

successor-in-office or nominee shall sign and execute the same.


11/15

(ii)

t

To appoint or 111akeprovision for the appointInent ofa sub-committee of

Trustee(s) to attend to or supervise or conduct specitic duties or functions

or matters relating to the Trust, in such manner and subj ect to such Rules and

Regulations, if any, as the Board of Trustees may prescribe, subject to the

consent of the Settlorlhis successor-in-office or his nominee.

purchasing any land and/or constructing any building(s) for and in the name

~ofT rust, for the purpose of carrying out, promoting and/or executing any O r

1all the objects of the Trust, Provided, however that the Settlor or his successor-

in-office for the time being shall so consent, in writing.- " ., .

34. That the Settlor shall delegate such powers as deemed necessary by an express

resolution in writing, authorising the Managing Trustee named therein to incur

such expenditure as may be necessary for the furtherance of any of the objects

of the Trust as also the recurring expenditure for the maintenance or

administration ofthe day to day affairs of the Trust. Ifnecessary, the Settlor

shall by resolution authorise the Managing Trustee named therein to operate

the Bank ACCOLUlt and draw from the same such amounts, as may be necessaJ.Y

for the purposes specified above, on behalf of the Trust and for the purposes

and objects of the Trust as set out in the present Deed;

35. The Settlor may in consultation with the other Trustee(s) frame such Rules

and Regulations as Inay be necessary for conduct of residents at any or all of

the Centres oftlle present Trust. The Settlor shall be at liberaty to amend the

Rules and Regulations as Inay be neccessary for the purposes of maintenance

of order and discipline at any or all of the Centres of the present Tnlst;


12/15

37. That the assets of the Trust including its monies, properties etc, shall be

applied only for the attainment of the objects set out in the present Deed and

J .or transacting urgent business shall be seven clear days.~ MISCELLANEOUS PROVISIONS:

to Charitable Trusts, the Settlor may delete the same or any part thereof from

the objects of the Trust;


13/15

4.

~

O f

l5.

1

In case any ofthe objc:ctsare found to be absolutely impossible or invalid for

any reason, including being vague, or for any other cause becomes invalid or

impossible, subject to any subsequent legislation or otherwise, such object( s)

shall be deemed not to have been included in the objects of the Trust. Thisshall not affect the validity of the Trust, or the continuance of the Trust, for

the ful.filment of the remaining objects, in any mann~r whatsoever;

In case offailure of the Trust for want of objects, the Settlor or his nominee

or his successor-in-office may move the Court for Amendment of any of

the objects of the Trust, iffound necessary;

No Trustee shall be liable for any loss of the Trust's funds or properties,

unless it has been caused due to his/her/their gross negligence, or the

Trustee himself/herself/themselves are guilty of fraud, misfeasance,

embezzlement, breach of trust, etc;

No Part of the Trust's funds or incOlne therefrom shall be utilised for any

other object than that of the Trust hereby created;

No Trustee shall be paid any fee or remWleration except conveyance, travelling

or other out-of-pocket expenses incurred by him/her in connection with

any work for and on behalf of the Trust or except as otherwise provided in

this Trust;

The Settlor may appoint one of the Trustees to devote a substantial part of

his/her tune to the work of the Trust; Further the Settlor may in his/

discretion appoint, a fUll-tUne Director, being other than a Trustee, at such

terms and conditions as may be decided upon by hitn in consultation with

the other Tlustees;


14/15


15/15

;to , -- , .- - - - .In witness whereofthc Settlor and the Trustees abovementioned-have set and

subscribed their respective hands to this deed on this the26 day cf4-.

~ 1999.

.tSigned and delivered

by the Settlor at Varanasi

V ~ 2 V P _ . -(~ture of Settlor )

Signed and delivered

bythe l'rustee( s) at Varanasi

l.-rh~~2. ..Jf\j0'" \S \~ i:~

3.~

Drawn &Settled by

(A;1Ii1 YA

Deed and Instrument of Trust:old

Documents

Transcript of Deed and Instrument of Trust:old