DEED OF TRUST
THIS TRUST is declared on this 27th day of August 2008
by Shri Paresh Baishya, son of Late Rupa Ram Baishya, aged about 50 years, resident of Vill.-Dalibari, P.O.-Dadara, Pin-781104, under Police station-Hajo in the District of Kamrup, Assam, henceforth called “THE SETTLOR” (which term and expression shall unless excluded by or repugnant to context by deemed to include his heirs, executors, administrators, assigns and representatives).
WHEREAS the SETTLOR above named is absolute possessor of a sum of Rs. 5,000/- (Rupees five thousand only).
AND WHEREAS the SETTLOR voluntarily decided to set up a CHARITABLE TRUST for objects specified hereinafter and has handed over the said sum of Rs. 5000/- (Rupees five thousand only) unto the hands of the Trustees named herein below to hold the same for the charitable purposes subject to the powers and provisions declared hereby and confirmed.
The Trustees shall be:
1. Shri Paresh Baishya, aged about 50 years, resident of Vill.-Dalibari, P.O.-Dadara, Pin-781104, under Police station-Hajo in the District of Kamrup, Assam.
2. Srimati Purnima Das Baishya, wife of Shri Paresh Baishya aged about 41 years, resident of Vill.-Dalibari, P.O.-Dadara, Pin-781104, under Police station-Hajo in the District of Kamrup, Assam.
3. Sri Madhusudhan Medhi,son of Shri Ganesh Medhi, aged about 42 years, resident of Vill.-Abhoypur, P.O.-College Nagar (North Guwahati), Pin-781031, under North Guwahati Police station in the District of Kamrup, Assam.
4. Sri Rakesh Prakash Das, son of Shri Shriprakash Das, aged about 28 years, resident of Vill.-Hajo Bharalitola, P.O.-Hajo, Pin-781102, under Police station-Hajo in the District of Kamrup, Assam.
All four of them hereinafter be referred to as Trustees (which expression shall, unless repugnant to the context be deemed to include the present trustees and their successors in office for the time being or their agents and assigns).
The Trustees above named have agreed to be the Trustees and hold and apply the said sum of Rs.5000/- (Rupees five thousand only) and all gifts, contributions, donations, accretions and additions there to (hereafter referred to as TRUST FUND or TRUST PROPERTY) which they will receive and possess for the fulfillment of the objects of the Trust given hereunder.
The Trustees shall be:
1. Shri Paresh Baishya, aged about 50 years, resident of Vill.-Dalibari, P.O.-Dadara, Pin-781104, under Police station-Hajo in the District of Kamrup, Assam.
2. Srimati Purnima Das Baishya, wife of Shri Paresh Baishya aged about 41 years, resident of Vill.-Dalibari, P.O.-Dadara, Pin-781104, under Police station-Hajo in the District of Kamrup, Assam.
3. Sri Madhusudhan Medhi,son of Shri Ganesh Medhi, aged about 42 years, resident of Vill.-Abhoypur, P.O.-College Nagar (North Guwahati), Pin-781031, under North Guwahati Police station in the District of Kamrup, Assam.
4. Sri Rakesh Prakash Das, son of Shri Shriprakash Das, aged about 28 years, resident of Vill.-Hajo Bharalitola, P.O.-Hajo, Pin-781102, under Police station-Hajo in the District of Kamrup, Assam.
All four of them hereinafter be referred to as Trustees (which expression shall, unless repugnant to the context be deemed to include the present trustees and their successors in office for the time being or their agents and assigns).
The Trustees above named have agreed to be the Trustees and hold and apply the said sum of Rs.5000/- (Rupees five thousand only) and all gifts, contributions, donations, accretions and additions there to (hereafter referred to as TRUST FUND or TRUST PROPERTY) which they will receive and possess for the fulfillment of the objects of the Trust given hereunder.
f. To associates with any other institution with similar objectives that the Trustees may deem fit.
g. To undertake, organize and facilitate conferences, seminars, study courses, training programmes, lectures, and workshops and similar other activities in the field of education, literature, health, art and culture and journalism.
h. To act in collaboration with Central and State Government and other appropriate agencies for formulation and execution of projects which would further the objects as set out above.
i. To act as a clearing house of information for various individuals and intuitions interested in the activities listed above.
j. To provide consultancy services under its auspices or through its faculty to private institutions to further the cause of the objects enumerated above.
k. To endeavour to eastablish and maintain liaison with other associations or organized bodies in India and abroad whose objects are keeping with the objects of this Trust.
l. To Purchase, take on lease or in exchange or otherwise acquire, hold, possess and dispose of any moveable or immovable property which may be deemed necessary, expenient or desirable for any of the objects of this Trust.
o. To maintain and run library with emphasis on books written for children and adults.
p. To do all other acts, deeds and things as may be necessary or deemed expedient to carry out all or any of the objects
aforesaid.
q. Institution of awards in various fields to encourage the
dedicated and deserving persons.
r. To conduct competitive examination among the students.
s. To provide legal education for common people.
t. To arrange programme for consumer awarness.
u. To establish parenting school.
v. Schemes on education and prevention of AIDS.
w. Education for Harijans
x. Awareness of copyright and patent acts.
y. Promotion and development of indigenous sports.
z. Preservation of forest, wildlife and environment awareness.5. MANAGING TRUSTEE
Shri Paresh Baishya shall be the Managing Trustee for the time being of this Trust who shall, subject to the control and supervision of the Trustees, look afters the day to day affairs and administration of this Trust.6. TRUSTEESa. The Trustees will be entitled to reimburse themselves for all expenses actually incurred or spent by them in connection with the Trust or affairs of the Trust or their duties relating thereto.b. The number of the Trustees shall not be less than two and more than seven. If the numbers of Trustees falls below two, the remaining Trustees shall not act on behalf of the Trust, except for the purpose of fulfilling a vacancy , as long as the number of Trustees is below minimum.c. The Trustees for the time being will be at liberty to appoint additional Trustee(s) with the number mentioned above, for such period or on such terms as to retirement and reappointment, as the Trustees for the time being may consider proper. If any trustee dies, disclaims, retires, became insolvent, unfit, Personally incapable or refuses to act, or otherwise ceases to be a Trustee, the continuing or surviving Trustee or Trustees will appoint a Trustee in his/her place.d. A person shall also cease to be Trustee if he or she:(i) Leave India for residing aboard or is out for continues period of six months from India/without leave of absence;(ii) Does not attend three consecutive meeting of the trust of fails to attend meetings for one calendars year, whichever is longer.(iii) Is requested to resign by 2/3rd of the Trustees or as near to this number as possible of the remaining Trustees.e. Any Trustee is at liberty to resign from the Trust on giving ONE MONTH’S notice in writing of his/her intention to do so.f. The Trustees shall be responsible only for such properties, moneys, stocks, shares, and funds as shall actually come into their hands. A Trustee shall not be answerable to or accountable for neglect, default or acts of omission or commission of other person with whom the Trust properties or funds or any securities may have been deposited or kept.7. POWERS OF THIS TRUSTEESThe Trustees shall have the following powers:a. To accept donations, contributions, grants or subscriptions in terms of money or in kind from any person, corporation, companies, firms, organization, institution, body of persons, government, society or trust with or without conditions:b. To apply with the whole or part of the income of the Trust Property or Trust Fund or accumulations and accretions thereof to any or more of the objects of Trust as the Trustees may determine in their discretion from time to time;c. To invest or keep invested the Trust Fund in any form of property, whether immovable, movable, financial or otherwise, or as loans and advances, and to alter,
vary or transpose such investments from time to time as the Trustees in their discretion may think fit, subject to taxation and other laws, governing such investments, for the time being in force.
d. To borrow or raise or secure payments of money and to lend money with or without security;
e. To sell, dispose of, alienate or otherwise deal with any property comprising the Trust Fund, Trust Property (movable and immovable) and investments of the Trust for the benefit and purposes of the Trust;
f. To let out or transfer any movable and immovable properties belonging to the Trust for such period at such rent and on such terms and conditions as the Trustees in their discretion may think fit in the interest of the Trust:
g. To open account (s) in the name of the Trust, Trustees and/or institutions run or conducted by the Trust with a bank or banks, to operate such account (s) and to give instructions to the bank ( s) and to provide for opening and operation of such account (s) by any two or more of the Trustees or by an agent/ agents appointed by the Trustees:
h. To institute, defend, adjust, settle, compromise, compound refer to arbitration, all actions, suits, claims demands and proceedings regarding the Trust property or Trust Fund;
i. To appoint attorney (s) or agent (s) and to delegate to such attorney (s) or agent (s) all or any of the powers vested in them under this Trust Deed and from time to time remove such attorney (s) or agent (s) and to appoint other or other in his or their place;
j. To appoint, employ or engage necessary experts, artists , doctors, engineers, lawyers, auditors, officers, technicians, volunteers, research assistants, labours, workers, scholars, academics and/or other suitable personnel’s for carrying out the aims and objects of this Trust, whether upon payment of reasonable remuneration or otherwise, and from time to time terminate their services, remove them and to appoint other or others in his or their place;
k. To appoint or make provisions for appointment of any persons (including all or any of the Trustees and committees or administrators or Managing Trustees or otherwise) for the purpose of administration of this Trust in such a manner and subject to such rules and regulations as the Trustees may prescribe and also to appoint or provide for the appointment of separate Trustees (s) to hold any fund or investment subjects to the provisions of this Trust Deed in such manner and subject to such rules and regulations as the Trustees may from time to time think fit;
l. To construct, purchase, acquire ,take on lease, hire, manage, maintain and run, buildings, instruments and apparatus as may be necessary for carrying out the objects and purpose of this Trust;
m. To establish agencies and branches anywhere in India and undertake the management of the Trust or any branch of the Trust or other organizations having aims and objects all or in part similar to those of this Trust;
n. Subject to the provisions of law, to contribute to the funds of any association, organization, institution, society, corporate body, or to individual which, in the opinion of the Trustees, is beneficial to the Trust and/ or its aims and objects;
o. To contribute to charitable funds and other funds whether directly or indirectly relating to the affairs of the Trust or not, or for the welfare of the weaker and/ or poorer sections of the society;
p. To conduct workshops, conferences, seminars, meetings, forums, symposia, and create opportunities for researchers scholars, technicians and interested persons to meet regularly to exchange views, notes, research findings and inventions and to publish and sponsor newsletters, books, magazines, media campaigns, periodicals, leaflets related to the aims, objects and purposes of the Trust;
q. To set apart and/or allocate the whole or part of the income or the corpus of the Trust Fund or part thereof for any of the objects of the Trust:
r. To join, co-operate or amalgamate this Trust with other or others having kindred or allied objects, upon such terms conditions as the Trustees may in their discretion think fit, particularly having regard to and in conformity with the aims and objects and nature of the Trust:
s. To make, alter or modify schemes, rules and regulations for carrying out the aims and objects of the Trust or 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 aims and objects of the Trust;
t. To do any other thing which is incidental and conducive to the attainment of the above aims and objects or any one of them.8. MEETING
From time to time the Trustees, shall, if necessary, frame rules for conducting and taking minutes of the meetings of the Trustees and in the absence of such rules:
a. Two Trustees shall form a quorum for meeting of the Trustees;
b. All matters will be decided mutually by the Trustees or by the majority of the Trustees at a meeting convened for that purpose:
c. Resolutions may be passed without holding a meeting of the Trustees by circulating in writing the proposed resolutions which must be endorsed by two-thirds of the Trustees. If resolutions are endorsed in this manner, they shall be as valid and effectual as resolutions passed at a meeting of the Trustees.9 FINANCE AND ACCOUNTS
a. It shall be lawful on for the Trustees to settle all accounts and to compromise, compound, abondon, or refer to arbitration any action or proceedings or disputes , claim, demand or things, proper for such purpose without being responsible for any loss occasioned thereby.
b. It shall be lawful for the Trustees to borrow money either on the security of any property belonging to the Trust or otherwise, to fulfill any or all of the aims objects of the Trust and it shall be lawful for the Trustees to make such
borrowing and the payment of interest, charges, commission etc. that may result upon such terms and conditions as they think fit.
c. It shall be lawful for the Trustees to apply for and to accept grant of money, aid, donation, gift, subscription and other assistance and to discuss and negotiate any schemes, other works and matters within the aims and objects of the Trust with a view to promoting the aims and objects of the Trust and to conform to any proper condition upon which such grants and other payments may be made.
d. It shall be a lawful for the Trustees to give aid by way of donations out of the income of the Trust or otherwise to different charitable institutions, organizations or trusts in India established or which may be established in future for charitable purposes.
e. The Trustees shall cause true and accurate account to be kept of all moneys received and spent and all matters in respect thereof in the course of management of the Trust property or in in relation to the carrying out of the aims and objects of the Trust as well as that of all assets, liabilities, credits and effects of the Trust property and get such accounts for each accounting year audited by an Accountant within the meaning of Section 288 of the Income Tax Act, 1961 or statutory modifications thereof.
f. The accounting year of the trust shall be the financial year, that is the year ending 31st March, every year.
10. APPLICATION OF TRUST PROPERTY/INCOME
a. . It is expressly declared that no part of the Trust Property or the Income of the Trust shall be applied for any purpose outside India or for any purpose which is not a public charitable purpose in law and all provisions hereof shall be construed accordingly.
b. The Trust Property/ Trust Fund shall be and remain irrevocable for all time.11. AMALGAMATION
It shall be lawful for the Trust to take over or amalgamate with any other charitable trust, society, association or institution with similar aims and objects. It shall also be lawful for the Trust to establish, promote, manage, organize or maintain any branch of the Trust and to promote or carry on the affiliation or amalgamation of any other charitable trust, society, association or institution with this Trust.12. DISSOLUTION
The Trustees may, if so decided unanimously, dissolve the Trust and transfer the Trust and /or such part or portion thereof as shall for the time being remain in the hands of the Trustee or Trustees or the investments for the time being representing the same, upon the Government or any other persons pursuing the objects specified, but no part of the Trust Fund/ Trust Property
shall be transferred to the SETTLOR or any other TRUTEES at any time or under any condition upon dissolution.13. JURISDICTION
a. The Trust shall be authorized to function throughout India.
b. Should any legal disputes, claims or litigation within the jurisdiction of law arise, they lodged within the precincts of the city of Guwahati.
IN WITNESS WHEREOF the parties have hereunto set and subscribed their respective hands this day, month and year first above written.
SIGNED AND DELIVERED
SETTLOR:Sd/-Paresh Baishya
PRESENCE OF: Trustees:-
Sd/-Paresh Baishya Sd/-Purnima Das Baishya
Sd/-Madhushudhan Medhi Sd/-Rakesh Prakash Das
Witness:
1.Sd/-Imran Ahmed S/O Late Dalitluddin Ahmed
Chilarai Nagar,Bhangagharh
Guwahati-32
2.Sd/-Amal Barman
S/OLate Sunanadi Baraman
Bartala,Mukalmua(Nalabari)
3.Sd/-Deven Kalita TRUSTEES:
S/OLate Soneswar Kalita
Fatasil AmbariGuwahati-25