This Deed of Trust is made on this 16 day of February 2019 by Mr Shivendra Pratap Singh Tomar aged about 37 years, son/daughter of Late Mr Shalendra Singh Tomar residence of BDA Colony, Kargaina, kareli, Bareilly, Up herein after referred to as the AUTHOR/FOUNDER of the trust which expression shall mean and include his heirs, nominees, legal representatives and assignees.
WHEREAS the Author of the Trust is desirous of creating a Trust for public charitable purpose including Trust for running and managing educational institute besides other objects enumerated hereinafter and hand over the same to trustees.
AND WHEREAS the value of the subject matter of the Trust is Rs. 11000/- ( Rupees eleven thousand only) as mentioned in the schedule given at the foot of this TRUST DEED which amount has been acquired by the Author through his personal industry and labour and belong to him entirely and absolutely and which the Author hands over the Trust freely and voluntarily including any further additions there to for being held in the trust for the purpose and objectives of the Trust.
AND whereas the AUTHOR and trustees have also accepted the Trust fund as stated to be utilized for achieving the objectives of the Trust.
NOW THEREFORE THIS TRUST DEED WITNESSETH AS UNDER
1. Name and registered office:-THE Trust created herein shall be known as Saumeg Seva Trust and its registered office for the time being shall be at BDA Colony,Kargaina,kareli,Bareilly.
2. Corpus Fund:-The corpus fund of the trust shall be Rs 11000/- ( Rupees eleven thousand only) as mentioned in the schedule as also any further donation’s received towards the corpus by the Trust from time to time.
3. Irrevocability of the Trust:-The Trust so created shall be irrevocable and no part of the corpus fund shall under any circumstances , whatsoever be paid or lend or revert to the Executants his heirs, nominees, descendents, legal representatives, assignees or to the members of the Trust or its Trustees as may be appointed or co-opted from time to time save for furthering the objectives of the Trust.
At present Trust has no any movable or immovable property except Corpus Fund of Rs. 11000/-
4. Objectives of the Trust:-The main objectives of the Trust shall be—
- i. To promote education & to establish run & maintain school, colleges & institutes for imparting all types of education to boy & girls without any distention of caste, color & creed.
- ii. To establish run & maintain institute for providing vocational education in general including & relating to management, legal, engineering, computer science medical environment studies, Bio-technical studies, aviation studies, hospital studies, art, music, fashion designing, interior designing, sports and other specialized technical studies.
- iii. To establish, run & maintain sports college, gymnasium, swimming pools and to provide all types of infrastructure facilities for the promotion of sports.
- iv. To establish & maintain daycare centers, hostels & boarding’s house for the students getting education.
- v. To provided stipend, scholarship & prizes to the students & to help poor & deserving students.
- vi. To serve the society by giving the financial aid to the needy, destitute people, orphans, widow, old age persons, military veteran’s families who died in war, donations for animal shelters etc.
- vii. To establish, run & maintain Dharamshalas, Jalshalas, Temple, Orphanages, Churches, charitable Dispensaries, Libraries & public halls etc.
- viii. To work for the cause of environment, pollution control & better living.
- ix. To establish & develop institute for the physically handicapped, disabled & mentally retired persons & provide them education, food, clothing & other help.
- x. To grant relief and assistance to the needy victims during natural calamities such as famine earthquake, flood, fire pestilence etc. and give dinations and other assistance to the institutions establishment or persons engaged in such relief work.
- xi. To start employment oriented programmes, in rural as well as urban areas of the India.
- xii. To promote Indian culture and social civilization by performing and promoting various activities.
- xiii. To establish, run & maintain Blood Bank, Diagnostic Labs, OPD Clinics and hospitals on charity.
- xiv. To do all and such other act & things which are consequential, incidental and/or conducive for the adherence to the provisions of applicable laws and statutes.
5. Jurisdiction :-Subject to the priorities /guidelines to be laid down by Trustees, the Trust may carry out or allow to be carried out through its authorized people its activities or envisaged assistance anywhere in and/or outside India, without any distinction of caste , color ,creed, sex or nation.
6. Trustees:-
- i. The superintendence and control of the Trust, its corpus, income and Assets, movable or immovable shall always vest in the Board of Trustees, whose number shall not be less than two and not more than eleven.
- ii. The Author shall be MANAGING Trustees during his life time and after his death, his legal heir or nominee shall be managing Trustees.
- iii. The Author has appointed the first board of Trustees of the Trust as under----
- (a) Mr Shivendra Pratap Singh Tomar
- (b) Mrs Meghna Nagpal
The managing Trustees shall be in charge of day to day affairs of the trust and power to administer the funds of the Trust, over all power of superintendence over the affairs of the Trust and shall have in particular, the power to operate the Bank Accounts, borrow money mortgage security of the trust and carry out the objectives of the Trust.
- iv. If a trust becomes bankrupt or insolvent or is found by any court of an offence involving moral turpitude , or is physically incapacities on grounds of health or otherwise from attending the meeting of the trustees or tenders resignation in writing he shall be deemed to have vacated the office of the board of trustee and vacancy so created may be filled in by existing with the consent of author and managing trustee.
- v. The managing Trustee shall always be competent to dismiss to appoint other member Trustee and to fill in any vacancy of the trustee for any reason whatsoever with the consent of founder member.
7.Power of Board of Trustees:-Subject to the provisions contained in the Trust Deed and applicable laws in force time to time, the Board of Trustee shall have the following specific powers.
- a. To improve the corpus of the Trust by accepting Donations, Contributions by way of cash or in kind or in the shape of any movable or immovable assets for and on behalf of the Trust and to hold the same for the Trust.
- b. To acquire on purchase, lease or rent any land or building & construct building g for the fulfilling of the objects of the Trust for and on behalf of the Trust.
- c. To acquire on lease, rent, hire purchase, outright purchase any property or asset, movable or immovable for the benefit of the Trust or for Trust. Activities and to authorize any trustee to formalize the deal including documentation in this regard, as also taking delivery or possession for and on behalf of the Trust.
- d. To borrow money and raise funds from banks, financial institutions and other bodies and to mortgage immovable assets of the Trust to carry out the objectives of the Trust.
- e. To sell, dispose off, replace, renovate write off any property or asses, movable or immovable which is considered expedient in the overall interest of the trust and to authorize any trustee of the Trust to do the needful, subject to direction of the Board of Trustees.
- f. To open and run offices, branches, activity centers of the Trust anywhere in and outside India.
- g. To open and authorize operation of Trust’s account(s) with such banks(s) and post office(s) and as such places, as may be considered expedient and to arrange and obtain credit, overdraft loan (s) against the security of the Trust’s assets if considered necessary.
- h. To keep corpus fund duly invested safely and soundly to the best of their judgment and discretion.
- i. To incur capital revenue recurring or any other types of expenses costs and charges in connection with the activities of the Trust.
- j. To collaborate which are in consonance with Trust’s objectives. and co-ordinate Trust’s activities with other Trust institute organizations, bodies etc.
- k. To move and get help and assistance, whether financial or otherwise from any Government, state local bodies, Organization, Foundations or Institutions or Institute from furthering TRUST’s objectives.
- l. To frame rules, Regulations guidelines, procedural formalities for regulation Trustees own proceedings, meetings records, account conduct of audit or on Any matters not specifically provided for herein, and likewise to repeal amend add or alter any such rules and regulations framed by them earlier, but not the provisions of the TRUST DEED.
- m. To delegate, authorize or empower any of the trustee of any person or agent to exercise any or all the powers, excepting the matters significant from policy angle and to execute any general or specific power of attorney in favor of any person or body for the sake of smooth conduct and operation of the activities of the TRUST.
- n. To constitute and frame a separate board of management for effective and smooth functioning of each institute or college as may be opened or sponsored by the trust, which shall be in consonance of Rules Framed by Central Government and state Government and Rule 11.05 of Section 37 and 49 (E) of bye laws and Regulations of affiliating Universities.
8. Power & Duties of the Managing Trustee:-Within the overall Superintendence and control of the Trustees, the Managing Trustee Shall have the power to discharge the following duties:
- A. The managing Trustee Shall be in charge of day to day affairs of the Trust and shall have power to administer the funds of the Trust, overall power of Superintendence over the affairs of the Trust and shall in particulars, the power to borrow money for furthering the objectives of the trust and to mortgage security of the Trust to carry out the objectives f the Trust.
- B. To open and operate account / accounts with the bank (s) and post office (s) and comply with bank (s) Post office ( S) requirements managing trustee will operate the accounts.
- C. To present TRUST in its dealings with others and to sign all correspondence documents deeds, agreements for and on behalf of the TRUST as also to sign to sign endorse, negotiate all kinds of securities , dividends, interest warrants, cheque and other negotiable instruments for and on behalf of the TRUST.
- D. To keep corpus fund of the trust duly invested in properties, government securities and banks, post office and other institutions to take timely setup for their renewal redemption and re-investment as may be necessary.
- E. To engage the service (s) of any person or person and pay honorarium, remuneration or wages for the labour or services hired on part time or whole time basis as also to terminate the service (s) of any person or person if and when deemed necessary.
- F. To maintain proper records and accounts of the TRUST and minutes of the meeting of trustees and to comply with statutory obligations if any in that regards.
- G. To get the TRUST registered with the Registrar/ Sub Registrar under the Indian Trust Act 1882 and with commissioner or Income Tax / Tax authorities under the income tax Act 1961.
- H. To do all acts and things as are consequential incidental and conducive for carrying out the activities of the TRUST subject to the provisions of the trust deed and the priorities, guidelines, rules regulations laid down by the Trustees.
9. Meeting:-The Trustee shall hold and the managing trustee may convene as many meeting for transacting business as may be necessary, but at least two meeting in a financial year shall always be held.
10. Investees to the meeting:-The Trustees at their discretion may invite any expert (s) or have views oral or in writing on any matter but such an invitee shall have no right to vote.
11. Liability of Trustees:-The trustees shall attend to the Trust’s work I an honorary capacity but nothing shall preclude the Trustee to Claim re-imbursement of conveyance and travel expenses stay expenses and other expenditure Incurred by them on account of Trust’s work attending its Meeting or representing, defending or instituting proceedings before the appropriate on actual basis further no trustee shall be held liable for any act of commission or omission made I good faith except the Trustee is Found guilty of fraud cheating or willful wrongdoing.
12. Accounts & Audit:-The Accounts of the Trust shall be maintained on Financial year (April to March) and shall be got audited by a qualified chartered accountant every year.
13. Charitable Nature:-The Trust shall be a Charitable Trust and the assets and Properties of the Trust shall in no case revert to the founder of the trust or any of his descendants or to any other person and the trust fund including the corpus and the income therefore shall not be utilized for any other object except for those for which the trust has been created.
14. Dissolution:-In case if failure of Trust for want of objects or other technicalities the functioning of TRUST becomes impossible, then the trustee with Three- Fourth majority may dissolve the TRUST and after meeting all liabilities donate the remaining Trust & Corpus funds to variour organizations as near and as close to the objectives of the Trust or in accordance with the objectives of the TRUST or in accordance with the wishes or the will of the AUTHOR if any.
15. It is an independent Trust and no relation with any other trust and organization.
A present Trust have not any movable or immovable property except 11000/- mentioned above.
Author & Managing Trustee
Mr. Shivendra Pratap Singh Tomar
S/o Shalendra Singh Tomar
R/o BDA Colony, Kargaina, Kareli
Bareilly U.P
Trustee
Mrs. Meghna Nagpal
W/o Shivendra Pratap Singh Tomar
R/o BDA Colony, Kargaina, Kareli
Bareilly U.P
IN WITHNESS WHEREOF the AUTHOR has signed and executed this TRUST DEED this 16 day of Feb 2019, Bareilly