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This Deed of Public Charitable Trust executed by Sh. Arun Kumar Sharma Son of Dr. D.C. Sharma at Office of . 2131/1. Mukimpura, near purani sabji market, Delhi - 7.
Resident/Office:-231,opp. liberty theatre, Subhash Nagar, Rohtak, Haryana,
hereinafter called the “Settler” (which expression shall, unless excluded by or repugnant to the context, be deemed to include his executors, administrators and representatives) of the FIRST PART, and |
Name of the Trustee
Our Team
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Resident or Office Address |
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Sh. Arun Kumar Sharma,
Son of Dr. D.C. Sharma,
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913/14, Subhash Nagar,
Rohtak, Haryana |
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Ms. Reshma Ben,
Daughter of Sh. Shiva Bhai
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H/N069, Kirtikunj society,
Near Children Hospital,Karelibaug,Baroda(Guj.) |
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Smt. Sudesh Sharma,
Wife of Dr. D.C. Sharma
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913/14, Subhash Nagar,
Rohtak, Haryana. |
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| Trustee |
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Smt. Sushila Gour,
W/O Mr. Chandrasekhar |
2131/1, Mukimpura,
near purani sabji market,
Delhi-7 |
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Mrs. Priti,
Daughter of Sh Vinu Bhai |
West Bangal |
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| Mr. Rakesh bhai Patel |
Vadodara [ Gujarat] |
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| Mr. Vipinchandra Patel |
Vadodara [ Gujarat] |
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| Dr. Saurav Shah |
Vadodara [ Gujarat] |
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| Mrs Jayshree Mega |
Vadodara [ Gujarat] |
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| Mrs. Mrunalini joshi |
Vadodara [ Gujarat] |
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| Miss Bela Desai |
Vadodara [ Gujarat] |
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Hereinafter called as the “TRUSTEES” (which expression shall wherever the context so admits or requires, be deemed to include their survivors, heirs, legal heirs, executors, administrators, successors, legal representatives and assignees) parties of the SECOND PART. |
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Trusties's Duties & Power |
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| Designation |
Duties And Powers |
| President |
He/She shall supervise all works and activities done by the other bearer of the Trust. |
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He/She shall be head of the Trust and preside over the meetings of the Governing Body. He/ she shall have the right of casting the vote. |
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To do other things if authorized by the Governing Body from time to time. |
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| General Secretary |
To sign on behalf of the Trust, conduct its correspondence and record its proceedings of the meetings. |
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To summon and attend the meeting of the General body. |
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To call Ordinary General Meeting if desired on written request of at least 1/3rd members of the general Body. |
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To do any other things if authorized by the Governing Body from time to time. |
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| Joint Secretary |
He/She shall carry out such duties as may be assigned to him/her time to time by the General Secretary. |
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| Treasure |
He/She shall keep accounts receipts and expenditure of the Trust and furnish the necessary information to the Governing Body. |
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To do any other thing if authorized by the Governing Body from time to time. |
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He/ she shall have the power to approve / sanction expenditure up to Rs. 5,000/-(Rupees five thousand only) at any one time. |
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| POWERS OF THE BOARD OF TRUSTEES: |
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To accept any donation, contribution, grant, aid, subscription, sponsorships, presents, gifts, or any other assistance in any other form either in cash or in kind, from any person(s), body of persons or trust, with or without conditions. |
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To apply the whole or any part of the income of the trust, or the trust fund or accumulations thereto, to any one or more of the objects of the trust, as the trustees may, in their discretion, deem fit from time to time. |
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To convert and deal with the trust property and/or any investments for the time being. |
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To invest the Trust Fund either in the purpose of mortgage of movable & immovable property or in shares, stock or debentures or other securities and investments, or in deposits with or loans to any company, bank, firm or any other person, and to alter, vary or transpose such investments, from time to time at the discretion of the trustees. |
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To borrow or raise or secure payments of moneys and also to lend money either with or without security. |
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To sell, dispose of, alienate or otherwise deal with any property comprising the Trust Fund. |
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To let out, demise any immovable property comprised in the Trust Fund or such period and at such rent on such terms and conditions as the Trustees in their discretion may think fit. |
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To adjust, settle, compromise, compound, refer to arbitration, all actions, suits, claims, demands and proceedings regarding the Trust Fund. |
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To appoint constituted attorneys or agents and to delegate to such attorneys or agents all or any of the powers vested on them under these presents and from time to time remove such attorneys or agents and to appoint other or others in his or their place. |
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To appoint or make provision for the appointment of any person (including all or any of the trustees and committees or administrator or Managing Trustees or otherwise) for the purpose of the administration of the Trust in such manner and subject to such rules and regulation as the Trustees may prescribe and also to appoint or provide for the appointment of separate Trustees to hold any fund or investment subject to the provisions of the Deed in such manner and subject to such rules and regulations as the Trustees may from time to time think fit. |
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To make, vary, alter or modify schemes, rules and regulations for carrying out the object, of the Trust and for the management of the affairs thereof and/or running any institution in furtherance of the objects of the Trust and otherwise for giving effect to the objects of the Trust. |
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To start, abolish, discontinue and restart any charity or charitable institutions for the benefit of general public and to impose any conditions to any subscription or donation made by them. |
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To set apart and/or allocate the whole or a part of the income or the corpus of the Trust Fund or part thereof for any of the objects of the Trust. |
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To give aid by way of donations out of the income or the corpus of the Trust Fund or otherwise, to different charitable institutions, societies, organizations or Trusts in India which may have been established or which may hereafter be established for the like charitable purposes mentioned in these presents or any of them to enable such institution, societies, organisation or Trustees to start maintain, or carry out such charitable objects. |
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To join, co-operate or amalgamate this trust with other or others having kindred or allied objects, upon such terms and conditions as the trustees may in their discretion think fit, particularly having regard to and in conformity with the objects and nature of this Trust. |
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To settle all accounts and to compromise, compound, abandon, or refer to arbitration any action or proceedings or disputes, claim, demand or things, as deemed proper for such purpose with out being responsible for any loss occasioned thereby. |
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To borrow moneys either on the security of any property comprised in the Trust Fund or otherwise for all or any of the purpose of these presents, and it shall be lawful for the Trustees to make such borrowings on payment of such interest and otherwise on such terms and conditions as they may in their absolute discretion think fit. |
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To apply to the Government, public bodies, urban, local municipal, district and other bodies, corporation, companies or persons for and to accept grant of money and of aid, donations, gifts, subscriptions, and other assistance in any other form with a view to promoting the objects of the trust and to discuss and negotiate with the Government Departments, public and other bodies corporations, companies or persons, scheme and other work and matters within the objects of the Trust and to conform to any proper condition upon which such grants and other payments may be made. |
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To take over or amalgamate with any other charitable trust, society, association, or institution with similar objects. |
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To establish, promote, manage, organize or maintain or to assist in establishing, promoting, managing, organizing, or maintaining any branch of the Trust or any Trust or its branch with objects similar to those of this Trust and to promote or carry on the affiliation or amalgamation of such other Trust with this Trust. |
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To take over, acquire, manage, control or aid any existing institution or institutions having objects either wholly or in part similar to the objects of this Trust and on such terms and conditions as may be thought expedient. |
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To purchase or otherwise acquire and undertake all or any part of the property, assets, liabilities and engagement of any or more of the trusts, societies, institutions or associations with which this Trust is authorised to amalgamate. |
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To transfer all or any part of the property, assets, liabilities and engagements of this Trust to any one or more of the trust, societies, institutions or associations with which this Trust is authorized to amalgamate. |
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To transfer and hand over the Trust to any other Society, Corporation, Institution, Trust or Organisation on such terms and conditions as the Trustees shall in their absolute discretion think fit and proper to be held by the Society, Corporation, Institution, Trust or Organisation with the powers, provisions, agreements and declarations, appearing and contained in these presents subject to such modifications as may be necessary and consequent to such transfer to the Trust Fund. The Trustees for the time being of these presents shall become discharged from the Trust hereof relating to Trust Funds so transferred. |
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| TRUSTEES : |
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The number of the Trustees shall not be less than three and shall not be more than Ten. |
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The first trustees are appointed for life, but will be at liberty to resign on giving one month’s notice of his intention to do so. |
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Sh. Arun Kumar Sharma is hereby appointed as the President, who shall hold office for life or until she resigns there from. The Managing Trustee shall have all the powers as are vested in the Board of Trustees, except those which are specifically to be exercised as per law only by the board and cannot be delegated. His duty is to keep the board informed of the same. |
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The President shall have all the powers as are vested in the Board of Trustees, except those which are specifically to be exercised as per law only by the board and cannot be delegated. His duty is to keep the board informed of the same. |
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Appointment of Trustees, either to fill up vacancy or as additional trustee, shall be only by unanimous resolution of the Board of Trustees. All decision of the Board of Trustees shall be taken either unanimously or by majority and if the Board is equally divided, Managing Trustee/President will have the casting vote. |
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Meetings |
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| ADDITIONAL TRUSTEE : |
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The Trustees for the time being will be at liberty to appoint additional Trustee(s) within the number mentioned above for such period or on such terms as to retirement and re-appointment as the trustees for the time being consider proper as the Management Committee may decide from time to time. |
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A person shall cease to be a Trustee either
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If he without leave of absence does not attend three consecutive meetings of the Trustees or for one calendar year, whichever is longer, or |
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If he is requested to resign by 3/4th or as near there to as possible of the remaining Trustee. |
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| ACCOUNTABILITY OF TRUSTEE : |
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The Trustees shall be accountable only for such moneys, stocks, and funds as shall actually come into their hands and a Trustee shall not be answerable or accountable for neglect, default, acts or omission or commission of the other Trustees, nor of any banker or other person with whom the trust properties or any securities may have deposited or kept. |
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| POWERS TO BE EXERCISED ONLY BY THE BOARD OF TRUSTEES IN A MEETING : |
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Determination of character of Income: |
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The Trustees shall have the power to determine in case of doubt whether any moneys or property shall for the purpose of the charity be considered as capital or income and whether out of income or capital any expenses or outgoings ought to be paid or borne and every such determination shall be binding and conclusive provided that nothing contained shall be deemed to authorize the Trustees to spend the income or corpus of the Trust for any purpose not authorized by these presents. |
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Amendments in the Trust Deed: |
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If need be,the trustees are authorized to add/amend any clause of the trust deed including the aims and objects of the Trust. |
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| REMUNERATION/ALLOWANCES TO TRUSTEES & OFFICE BEARERS : |
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The Trustees may reimburse themselves all expenses actually incurred by them in connection with the activities of the Trust or for discharging their duties relating thereto. |
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The Trustees will not be entitled to receive any remuneration in normal course but if at any time any trustee acts as a whole time office bearer of the trust or renders any special or professional service, the Trustees may in their discretion pay such remuneration or allowance to him as they may think proper. Such decisions shall be taken only in a meeting of the Board. |
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Funds |
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| TRUST'S FUND : |
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“Trust Fund” means and include cash and any other property whether movable or immovable or investments or actionable claims of any kind whatsoever into which the same or any part thereof might be converted, invested or varied from time to time or which may be acquired by the trustees or may come to their hands by virtue of these presents. |
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The Trustees shall always maintain proper accounts of the Trust, which shall be kept at the office of the trust. |
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| ACCOUNTS & FINANCE : |
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The accounting year of the Trust shall be the financial year ending on 31st March every year. |
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The Trust and the Trust funds shall be irrevocable for all times. |
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| SOURCE OF INCOME : |
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Registration, Admission, special or any other fee in any mode. |
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Subscription, Sponsorships and Interest by way of any mode. |
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Donation, gifts, presents & special contribution of any nature. |
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Grants, aid, loan or any other assistance in any other form etc. |
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Income from Investment of the Trust Fund & Rent. |
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Any other receipt not covered by article (a) to (e). |
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| The Income of the Trust received from India and Outside India as may be from all sources will be utilized for the attainment of the aims and objects of the Trust. |
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| DISSOLUTION : |
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The Trust need to be dissolved as per the provisions laid down under trust Act, as applicable to the National Territory of Delhi.If upon dissolution of the Trust there shall remain after the satisfaction of its debts and the liabilities any property whatsoever,the same shall not be paid to or distributed among the Trustee of the Trust but shall be given over to same other trust/society/organization with similar objective according to the decisions of the Trustee or, in default thereof, according to the decision of the competent court. |
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| BANK ACCOUNT : |
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The fund of the Trust shall be kept in a Scheduled Bank or any other bank as trustees deemed it fit. With a view to generate income for the trust and best utilization of trust fund, the funds shall be invested by trustees in FD, CDs of scheduled banks, units of UTI, Mutual Funds, Bonds/Debentures of any Indian Financial Institution, Government Securities or any other securities or schemes as deemed fit and as permitted by law for the time being in force, considering the over all benefit of trust. |
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The money shall be authorized to be withdrawn by the President joint with General Secretary or Treasurer of the Trust. |
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However, in some situation the persons from the elected management committee may also be authorized by the President to make the withdrawal from the bank. |
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| APPLICATION OF FUNDS : |
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It is expressly declared that no part of the Trust property or its income or any accretion thereto shall be applied for any purpose outside India or for any purpose which is not a charitable purpose in law, and all provisions hereof shall be construed accordingly.IN WITNESS WHEREOF the parties here to have set and submitted their respective hands, on the day, month and year first mentioned here in above.SIGNED AND DELIVERED BY THE SETTLER AT NEW DELHI . Witnesses: 1. 2. |
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