DEED OF TRUST CHENNAI
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DEED OF TRUST
THIS DEED OF
DECLARATION OF TRUST
executed at Chennai on this the 24th day of January 2007
By
Mr. N.
Devarajan, son of Late
Narayanasami Naidu, Indian, Hindu, Kamma, Telugu speaking, aged 65 years,
residing at No. AL 80, Anna Nagar, Chennai 600 040, hereinafter called FOUNDER
OF THE TRUST, witness as under:
WHEREAS the FOUNDER OF THE TRUST is
desirous of establishing a Trust in the name and style of (KUPIDISAATHAM NARAYANASWAMI
EDUCATIONAL TRUST) for all kinds of educational purposes and has
contributed an initial sum of Rs.5000/- (Rupees Five Thousand Only) as nucleus
of the said trust and has handed over the said amount to the Trustees
hereinafter mentioned.
WHEREAS THE
FOUNDER in pursuance of
his aforesaid intention do hereby declare that the aforesaid amounts and
further sums, good will and properties to be acquired and brought into the
Trust are to be in complete charge of the Founder, who in his capacity as the Managing
Trustee, shall own, possess and manage the same and carry out the purposes of
the Trust within the ambit of and the power and authority vested by virtue of
these presents.
NOW THIS
DEED OF TRUST WITNESSETH AND DECLARES AS FOLLOWS:
1. Name
of the Trust:
The Name of the
Trust is "KUPIDISAATHAM NARAYANASWAMI EDUCATIONAL TRUST"
2.
Office:
The Registered
Office of the Trust shall be at A-80, 3rd Avenue, Anna Nagar, Chennai 600 102
3.
Objects:
The Trust shall
be an Educational Trust with the following objects:
i.
The Main object of the Trust is to
render Philanthropic, Educational and Charitable services to the public in
General and particularly to persons belonging to Telugu speaking communities,
without discrimination on the basis of caste, creed, religion or sex and such
activities shall not be motivated for making profit.
ii.
To
open, found, establish, promote, set-up, run, maintain, assist, finance,
support and/or aid to or help in the setting up and/or maintaining and/or
running Schools, Industrial Training Institutes, Training Schools, Teachers
Training Institutes, Arts Colleges, Science Colleges, Engineering Colleges,
Management Institutes, Dental Colleges, Medical Colleges, Paramedical Colleges,
Technical Institutes, Technological Institutes, Environmental Education
Institutes, Computer Training Centres, Fashion Technology Institutes, Catering
Technology Institutes and other educational institutions and to establish super
speciality in education at all levels of all disciplines and further to
establish hospitals for providing quality education and to take over the
existing Schools, Engineering Colleges, Medical Colleges, Dental Colleges,
Management Institutes and other educational Institutes, which could not be
Successfully run by the Trust(s)/ Society(ies)/ other individuals or bodies,
which established them on account of various reasons;
iii.
To
maintain, develop, improve and extend facilities available in the various
institutions under the Trust and to introduce additional facilities as may be
required for purpose of in the education, training, research and development
various fields such as Medicine, Dental, Engineering, Technology, Dietetics and
Nutrition, Environment and to and technical assistance. To provide consultancy
other accomplish this task, this trust may go for signing Memorandum of
Understanding (MOU) with colleges/Institutes/Universities or other bodies
having similar objects;
iv.
To
accept the autonomous status or accreditation status to any of the institutions
as and when the Grants Commission and other University Universities or other
competent authorities' accord such status;
v.
To
provide for the dissemination of literary, cultural, scientific and technical
knowledge through educational and literary surveys, publication of journals,
magazines, periodicals, newspapers, books and pamphlets in the regional
language (Tamil) as well as in Telugu, English and Hindi and to facilities
necessary for printing establish and publication.
vi.
To undertake
and promote Research and Development activities through the establishment of
research and development centre and by extending technical and financial
assistance to the existing Research & Development centre functioning in
other institutions/organizations;
vii.
To
provide job-oriented education, training and work experience programmes
including 'earn while you learn scheme' and such education and training so as
to develop self-employment and entrepreneurship.
viii.
To
establish, maintain, improve and extend hostel facilities for the benefit of
the students of the institutions.
ix.
To
grant, pay or give scholarship, stipends, prizes, rewards, allowance and other
financial assistances or help in cash or kind to students with a view to help
them in Prosecuting their studies in schools, colleges, educational
institutions, technical institutions, art schools or other training, research
or educational works.
x.
To
undertake, organize and facilitate conferences, seminars and training
programmes, lectures and workshops in all the educational fields.
xi.
To
create environmental awareness among the students and public, making efforts to
protect environment and nature and similar other activities.
xii.
To
establish other Trusts for achieving the above objects and any identical
objects out of the funds of this Trust.
xiii.
To
establish Telugu library and to establish various institutes for propagation of
Telugu language, apart from establishing Research centres to conduct research
in Telugu language.
xiv.
To
establish institutes to propagate Telugu Drama, Fine Arts, Music and other
cultural heritages of Telugu language.
xv.
For
the furtherance of the objects above, to maintain liaison with professional
institutions and educational and training bodies in various parts of the world.
xvi.
Not
more than 5% of the Income of the Trust would be applied for any religious
purpose or religious Institutions.
4. Trust
Fund:
(i)
The
FOUNDER hereby declares that a sum of Rs.5000/- (Rupees Five Thousand Only)
handed over in Trust and dedicated for Public, educational purposes, shall be
held by the Trustees, herein after mentioned, upon Trust and also any other
money or properties which the trust may acquire, from time to time for
augmenting the trust fund.
(ii)
The
funds of the Trust would be utilized only towards the objects and no portion of
it would be distributed in any manner to the trustees or persons defined in
sec.13(10)c) of the Income Tax Act.
5. The
Founder Trustee:
(i)
The
FOUNDER TRUSTEE shall be the Managing Trustee
(ii)
The
FOUNDER TRUSTEE shall be Mr. N. Devarajan.
(iii)
The
FOUNDER TRUSTEE Mr. N. Devarajan shall hold office for life.
(iv)
The
Founder Trustee is entitled to nominate any of his legal heirs, assigns or
successors or any other person of his choice as his succeeding Managing
Trustee, who shall also hold office for life and shall also have identical
powers as that of the ‘Founder Trustee'.
(v)
The
FOUNDER TRUSTEE nominates M/s D.G. Lakshmi, D. Kavitha & D. Aishwarya, all
residing at AL 80, Anna Nagar, Chennai 600 040 and D.L. Madhusudhan, residing
at AF 2233/1, First Street, Eleventh Main Road, Anna Nagar, Chennai 600 040 as
Trustees. The four trustees nominated by him shall hold office for life. The
FOUNDER TRUSTEE shall have power to nominate more trustees from time to time
for such period, provided the said persons know Telugu language and possess
affinity towards the language and the FOUNDER TRUSTEE will also have the power
to remove such trustees including those appointed for life time before the
expiry of the period for which they were nominated.
(vi)
In
case the Founder Trustee dies without nominating another person, as a Managing
Trustee, then the Trustees shall elect one among themselves as the Managing
Trustee who shall have similar rights and duties as that of the Founder
Trustee.
6. Powers of Trustees
(i)
The
FOUNDER TRUSTEE/Managing Trustee shall open the bank accounts wherein all money
and contribution received by the Trust shall be deposited and shall maintain
the bank accounts. The Managing Trustee shall maintain/cause to be maintained
proper books of accounts required by law and therein shall be entered a true
record of receipts and expenditure of the Trust. The books of accounts shall be
subject to audit periodically by a qualified Chartered Accountant.
(ii)
The
FOUNDER TRUSTEE/The Managing Trustee shall be the person to act for and on
behalf of the Trust and to open and operate independently the bank accounts and
to receive and to pay moneys on behalf of the Trust.
(iii)
The
FOUNDER TRUSTEE/The Managing Trustee shall have power to borrow funds, for
implementing and carrying out the objects and purposes of the Trust, from
individuals, body corporate, lenders, banks or financial institutions, on the
security or without security, on such interest prevailing in the banking
institutions or such other lending bodies from whom the monies are being
borrowed and to execute necessary security documents on behalf of the Trust for
such borrowing.
(iv)
The
FOUNDER Trustee The Managing Trustee shall be competent from time to time to
frame, make and enforce all such rules, regulations and/or bye-law not
inconsistent with the founder the express provisions of this Trust, as
Trustee/Managing Trustee may deem proper for securing and facilitating the
administration and management in detail of the various activities and affairs
of the Trust and for convening, conducting and regulating the meeting of the
Trustees and for appointing sub-committees and generally for the management and
administration of the Trust's estate and also from time to time to alter,
amend, or add to all such rules.
(v)
The
Founder Trustee The Managing Trustee shall have power or authority to appoint
or engage and at his discretion, remove, dismiss, or suspend any of the
officials or employees or servants in permanent or temporary special services
in connection with the work of the Trust or they may from time to time deem fit
and to determine their power and duties and fix their salaries, bonus or to
require security in such instant and at such amount as the Managing Trustee may
think fit. The Founder Trustee The Managing Trustee shall also have to found
and maintain provident funds, gratuity funds, personal and other funds for
employees and comply with the rules and regulation regarding the same.
(vi)
For
the purpose of carrying out the objects of the Trust, the Founder
Trustee/Managing Trustee shall have power to acquire by purchase or otherwise,
any immovable property or any vacant land. The Managing Trustee shall be at
liberty to erect buildings there over and do all acts necessary and incidental
thereto.
(vii)
It
shall be lawful for the founder trustee/managing Trustee to pull down,
renovate, rebuild, alter, adapt, improve, add, develop or repair any immovable
property comprised in the Trust and to expend thereon such moneys out of the
Trust fund as he may think fit.
(viii)
The
FOUNDER TRUSTEE MANAGING TRUSTEE shall be entitled to enter into any agreements
or covenants with owners or persons entitled to or interested in any other
properties and raise funds by way of loans by entering into agreements with any
Financial Institutions.
(ix)
The
Founder Trustee/The Managing Trustee shall have power to make donations from
the Trust properties to carry out the object of the Trust and not contravening
clauses herein above.
(x)
The
Founder Trustee Managing Trustee shall have the power to sell, let or lease any
or all the properties of the trust as may be required and considered prudent
and reasonable based on the circumstances of the situation then prevailing.
(xi)
The
Founder Trustee / Managing Trustee shall be at liberty to place the spare funds
of the Trust with any of the approved financial institutions or approved mutual
funds and approved securities or lend to trusts with similar objects, for
consideration which shall be in line with the rates of interest prevailing at
the time of placement and /or lending of the funds.
(xii)
The
Founder Trustee shall be at liberty to add or alter or modify any of the
provisions of the Trust apart from the objects of the Trust in a manner not
inconsistent with the objects of the Trust laid down in Article 3 of this Deed
and the provisions of Section 2 (15), 11 to 13 and 80 (G) of the Income Act,
1961 as amended from time to time.
(xiii)
The
Founder Trustee / Managing Trustee shall have power to create one or more
Trusts by carving out the assets and funds of the Trust for achieving objects
of this Trust in a better way.
(xiv)
The
Founder Trustee / Managing Trustee shall have to initiate, prosecute and power
defend any proceedings before all law courts, fora and authorities.
(xv)
In
the event of dissolution or winding up of the Trust, the assets of the Trust
shall be handed over to another trust with similar objects, and enjoying
exemption u/s 11 and 80G of the Income Tax Act.
7.
Financial Year:
(i)
The
accounts of the Trust shall be closed on the 31 March every year and statement
of Income and Expenditure for the financial year and assets and liabilities
shall be drawn at the date which shall present a true picture of the affairs of
the Trust.
(ii)
The
Trust may receive contributions and donations in Cash, Cheques or any kind and
also immovable properties, valid receipt shall be issued for all the donations
received. The Trust funds shall be invested for the betterment of the Trust in
any manner as the founder trustee/Managing Trustee deems fit including the cash
securities as recognized by the Income Tax Act in force from time to time for
the use of the Trust.
8. Meeting of the Trust
The FOUNDER TRUSTEE
MANAGING TRUSTEE shall call for a meeting of the trust Board once in three
months by giving 7 days’ notice. The quorum on such meeting shall be TWO
including the FOUNDER TRUSTEE / MANAGING TRUSTEE.
9.
Alteration of the benefits conferred by the Trust,
In the event of
change of circumstances making it impossible to continue any of the objects of
the Trust, the Managing Trustee shall apply the Trust funds and the property to
any other subject of like nature or to any other institution or Trusts having similar
objects.
10.
Alteration of clauses of the Trust
The Founder
Trustee/Managing Trustee shall have power from time to time to alter the DEED
OF TRUST or any of its clauses as the Founder Trustee/Managing Trustee may
think fit and necessary.
11. The Trust
hereby declared is irrevocable.
12. It is
hereby declared that the Trust has no moveable or immoveable Property as on
date
IN WITNESS
WHEREOF THE FOUNDER HAS SIGNED THIS DEED ON THE DAY MONTH AND YEAR FIRST ABOVE WRITTEN.
WITNESS:
1.
2.
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