திங்கள், 24 ஆகஸ்ட், 2009

ILAVENIL TRUST

DEED OF TRUST
ILAVENIL EDUCATIONAL AND CHARITABLE TRUST
THIS DEED OF DECLARATION OF TRUST executed at Vriddhachalam on the 7th day of August 2009 by Dr. R. Pugazhendi, M.A., M.Ed., P.h.D., Son of Rathinasabapathi residing at No. 18, Tnangam Nagar, Bhudamur, Vriddhachalam Taluk. Cuddalore District, Tamil Nadu - 606 001 herein after called the Founder of Trust Witnesseth as follows

Whereas the Founder of Trust is desirous of Creating a Trust and declaring the objects and purposes of the Trust and other matters connected there within regard to conduct and management of the said Trust.

Whereas the Founder of Trust accordingly create this Trust on the Terms and Conditions hereinafter mentioned. Now This Deed of Declaration of Trust witnesseth as follows.

1. The Name of the Trust shall be “ILAVENIL EDUCATIONAL AND
CHARITABLE TRUST” and shall function at No. 18, Thangam Nagar, Vriddhachalam, Vriddhachalam Taluk. Cuddalore District, Tamil Nadu - 606 001.

2. The Trust shall be a Public Charitable Trust.

3. A sum of Rs. 1000.00 (Rupees One Thousand only) has been
donated by the Founder .


4. The objects and purposes of the trust shall be hereunder.

a. To Provide for financial and other assistance to the deserving poor students to by their books, notebooks to pay fees and scholarship to them.

b. To promote the cause of education by organising and conducting
educational institutions shools, Technical Training Institutes to the deserving
Backward classes most backward classes secheduled castes and scheduled Tribes students.

c. To distribute prizes and encourage those students who shows talents in Schools, Colleges, and Universities.

d. To open and conduct educational centres affiliated with colleges and universities.

e. To educate curd encourage people to learn classical Tamil Language and Folk Arts

f. To conduct meetings and seminars and present research papers and to publish books.

g. To conduct Annual Day celebration lectures on topic of relevence to humanistic philosophy by inviting scholars and eminent professors.

h. To aid by donations and contributions to the training centres relating to arts, linguistic, musical and dramas etc.,

i. To publish journals, pamphlets, books for promoting the aims and objectives for private cirulations.

j. To open setup establish run and maintain schools, colleges,
polytechnics and other educational institutions without any profit motive.

k. To educate and encourage people not to kill new born female
infants and to check unemployment and prevent starvation.

l. To organise study circle for development of adult education,
legal education, councelling for unsound minded people.

m. To establish and maintain and support Homes for incapacitated,
unemployed and illiterate men, women and childern. To teach them
various purposeful learnings, so as to enable them to become useful
members of the Public.

n. To establish hornes to care for phsically challenged people and also to impart them job oriented trainings for their future gainful employment.

o. To create medical centres to care for and treat mentally affected
patients.

p. To assist people by providing food, shelter and clothing when affected by natural calamities like flood, earth quakes, tsunami and drought.

q. To propagate and implement the importance of Blood Donation and Eye Donation, and to implement population control programs.

r. To conduct programs on prevention and control of polution and to cultivate Herbals and Trees and rain water harvesting.

s. Running counselling center for delinquent youth, families under
marital indifferences drug addicts etc.,


t. Prevention of destitution and withdrawal of childern from a life on the street and their placement into national mainstream providing shelter, nutrition, health care sanitation and hygiene, safe drinking water, education and
recreational facilities and protection against abuse and exploitation to destitute and neglected street childern.

5. The Founder hereby nominate the following persons as the
First Trustees of the Trust.

1. G. KALAISELVI, M.A., Managing Trustee
W/o. Pugazhendi,
18, Thangam Nagar,
Bhudamur,
Vriddhachalam - 600 001.

2. Dr. R. PUGAZHENDI, M.A., M.Ed., P.h.D Secretary
S/o. Rathinasabapathi,
18, Thangam Nagar,
Bhudamur,
Vriddhachalam - 600 001.

3. K. RATHINASABPATHI, M.A., M.Ed., Treasurer
S/o. Kulandaivel,
125, Minusudhar Street,
Marungur (Post)
Vriddhachalam Taluk - 608 703.

4. R. RAJALAKSHMI Trustee
W/o. Rathinasabapathi,
125, Minusudhar Street,
Marungur (Post)
Vriddhachalam Taluk - 608 703.

5. V. SUMATHI, B.A., Trustee
W/o. Venkatajalapathi,
5, P.N. Nagar, Ammapet
Sirkali Road,
Chidambaram - 607 802.

6. Dr. R. PUGAZHENDI, Founder shall be the Secretary of the Trust.


7. The Board of Trustees shall have powers:-
a. To frame financial estimate of the Trust.

b. To accept (FUNDS) on behalf of the Trust, endowments.

c. Bequeaths, donations in cash or other terms including
immovable properties and also to sell for the benefit for the Trust any properties of the Trust.

d. To appoint Auditors for Auditing of the accounts of the Trust and for making a report thereon.

e. To have over all powers and discretion to implement the objects of the Trust.

8. Dr. R. PUGAZHENDI, Founder of the Trust appoint and vested with powers by other trustees to execute present and register the Deed of Trust
himself alone on behalf of others.

b. Whereas the above trust applied to the Director of income Tax (Exemptions) for registration under see 12A(a) of the income tax Act 1961.

9. Assets of the Trust.

The assets of the Trust shall consist of
a. The initial sum of Rs. 1,000.00 (Rupees One Thousand only) paid by the founder.

b. Such sum or assets as may be contributed, gifted donated or
bequeathed by any person, firm, company or Trustees, institutions or organisations in this country or abroad in future.

c. Any grant contributions that may be made by the Central
Government, State Government or Local Authority or Public Body or any
institution whatsoever in future.

d. All the interest and income and accretions arising out of the property of the Trust in future.

e. All assets movable and immovable purchased or acquired out of the property of the Trust in future.

f. All funds, assets, claims and rights which by any means may become the property of the Trust in future.

g. All investments and realisation out of the funds and assets of the Trust in future.

h. All Trustees including founder trustee should dedicate their services without any monitary benifit or salary.

10. Properties of the Trust

1. All the properties, assets and funds of the Trust shall vest in and be held in the name of Trust. The Trust does not possess any immovable property as on this date.

2. All surplus funds of the Trust, not immediately required for expending shall be invested in future in such manner as may be approved by provisions of the section 11(5) read with Sec. 13 (1) (d) of the Income Tax Act 1961.


3. Any grants and contribution that may be made to the said Trust by the Government of India or by the Government of Tamilnadu or by any other Government.

4. Such sum or sums as may be contributed, gifted, donated or bequeathed by any person to the said trust or contributed by the Trustees from time to time either as accretion to the corpus or otherwise.

5. All sums and assets which by any means become the property of the Trust.

6. At present there is no any movable or immovable properties owned by the Trust except the initial corpus Fund.

11. Constitution

1. The number of Trustees of the Trust shall not be less than five and not more than nine.

2. The Board of Trustees may from time to time include such of those persons whom it considers fit as Trustees in addition to or in the place the Trustees already nominated above, and they shall become Trustees of the Trust as if they are made by these presents.

3. G. KALAISELVI, M.A., shall be the Managing Trustee of the Trust whom shall hold office for a period of 5 years from this date of the Trust. He can vacate his office by resignation or by retirement if he so desires in writing.

4. The office of Managing Trustee shall also terminated by reasons of death or physical / mental incapacity. The Board shall fill up the vacancy thus caused.

5. The retiring Managing Trustee is eligible to be elected as a Managing Trustee for a fresh term of 5 years by the Board every time.

6. The term of office of the Trustees other than Managing Trustee shall also be for a preiod of five years from the date of these present. The Trustees may also vacate their offices by resignation or by retirement if he so desires in writing, before the expiry of five years. The office of Managing Trustee shall also terminate by reason of death or Physical/mental incapacity. The Board shall fill up the vacancy thus caused.

7. The Board of Trustees may remove any Trustees before the expiry of his term and fill up the vacancy or vacancies thus arising by nominating some person or persons as Trustees.

12. Management

The day to day managament of the affairs of the trust shall be carried on by the Managing Trustee who shall utilise the services of the Trustees in accomplishing the objects of the Trust. The Trustees shall act under the
supervision and guidance of the Managing Trustee in discharge of their duties and functions assigned to them by the Managing Trustee.

The Managing Trustee shall hold a meeting of the Board of Trustee once in three months to review the performance of the Trust. The Managing Trustee will call for the opinions. All the proceedings of the meeting shall be maintained and signed by the Managing Trustee as evidence of the proceedings and decisions taken at the meetings of the Board of Trustees. The decisions of the Board on all matters shall be only by rule of majority of 3/4th of the presentant at the meeting.

13. Powers of the Managing Trustee:-

The managing Trustee shall have the following powers :

a. To receive and keep all trust funds received by way of grants,
donations, voluntary contributions both local and foreign and other assets of the Trust.

b. The Managing Trustee is authorised to acquire invest in any movable or immovable properties in the name of the Trust, with prior sanction from Board of Trustees.

c. The Managing Trustee is authorised to sell or divert any immovable property or properties of the trust only with the prior approval of the Board.


d. The Managing Trustee may borrow or lend or advance
monies in furtherance of the objects of the trust, with the full knowledge of Board of Trustees.

e. The Managing Trustee shall have the power to open bank account or accounts in the name of the Trust with any nationalised bank or Scheduled bank for local and foreign funds seperately. The Managing Trustee shall
operate the said bank accounts with Joint signatures of Treasurer authorised by the Board to operate such bank accounts.

f. The Managing Trustee’s authorized in addition to above the following powers:

i) To institute prosecute and defend all suits/ and other legal proceeds.

ii) To appear and act before courts, Tribunals, Government, Tax and Public authorities.

iii) To appoint, Terminate, dismiss, suspend and otherwise deal with the employees of the trust and its institution.

iv) To incur all the necessary expenses connected with the trust and its projects.

13. (a) Proceeding of the Trust :

1) The Trustee may met as often as may be necessary for the conduct of the business of the trust.

2) The quorum required for a meeting of the board of trustees shall be 3/4th of the trustees. In the case of meeting adjourned for wan t of quorum, the members present shall themselves. Constitute a quorum subject to a minimum of two.

3) The Managing Trustee of the trust and his absence or inability any other trustee elected as Managing Trustee as elected for the time being shall preside over the meeting of the Trust.

4) All decisions of the board of trustees may be taken by a simple majority except as expressly provided for otherwise herein. The Managing Trustee of the meeting shall be entitled to a casting vote in the events of equality of votes at a meeting.

5) No vacancy of the board of trustee and no irregularity in appointing any trustee shall invalidate any act or decision of the board or trustees.

14. Accounts of the trust

1. The Managing Trustee shall maintain proper books of accounts the funds properties and Income and Expenditure of the Trust.

2. The official year of the Trust shall be a period of 12 months from the 1st April to next 31st March every year. The Managing Trustee shall
prepare a Receipts and Payments account for the year ended 31st March of every year and also an Income and Expenditure account of every financial year ending on 31st March and also a Balance sheet as on 31 st March of every year. The Trustees shall get the said accounts and balance sheet audited by a
practicing qualified Charted Accountant and submit the returns relating to foriegn contributions, if any received. The trustees shall be reported to the Ministry of Home affairs, New Delhi with Auditor’s certificate and to the Income Tax on or before the due date for filling the returns every year.

3.The Managing Trustee shall utilise the entire income and funds of the trust towards the objects of the trust and no portions of it will be utilised for payment to Trustees by way of profits, interests, dividend loans etc.,
However the Board of Trustees shall have the power to reimburse the out of pocket expenses incurred by the Managing Trustee or any other Trustees
towards the formation a objects of the Trust.

15. In the event of dissolution or winding up the Trust or for any reason the trustees feel they cannot carry on the objects of the Trust themselves, the Assets and Liabilities of the Trust as on that date may be transferred to any other Trust or society having similar objects and also enjoying the exemption under sec. 12A(a) of the Income Tax Act, 1961 and also enjoying the exmption under Sec. 80 G of the said Act. The decision of the Board of Trustees in this respect shall be final.

16. The beneficiaries of the aforesaid objects of the Trust are open to all irrespective of caste, community, creed, religion, sex, etc.,

17. The activities of the Trust shall be carried out within India and no activities of the Trust shall be carried out any where outside India

18. The Trust shall not carry on any activity with the intention of earning profits.

19. It hereby expressly declared that the Trust is abosolute and irrevocable

20. Any amendments of the Trust affecting the basis character object of the Trust in future shall be only with the prior approval of the Commission/Director of Income Tax having jurisdiction over the Trust.

21. The Trust shall apply for and obtain the necessary exemptions
under the Income Tax, Wealth Tax, Gift Tax and other relevant laws in India.

22. The Trust shall apply for and obatin registration under the income
tax, Act. 1961 as amended from time to time and any sbsequent or succeeding Act.

23. The Trust shall apply for and obtain registration under the Foreign Contributions Regulation Act. 1976, or any subsequent or succeeding act thereof.

24. Not withstanding anything contained in the foregoing clauses, it is hereby agreed and declared unequivocally that this deed does not contain any provision for the transfer or application at any time, of the whole or any part of the income or assets of the trust fund for any purpose other than a charitable purpose and that any rules, made hereinafter govering the Trust Fund shall not contain any such provision. In case any clause is so, construed or interpreted, such clause shall be as deleted, amended or modified accordingly.

25. Say as otherwise provided in this Deed of Trust the provisions of the Indian Trust Act-1882 as amended will apply in respect of the Trust.

In witness where of the Author above name has signed in the Deed of Trust in the presence of the witnessess the day month and year above mentioned.

(Dr. R. PUGAZHENDI, M.A., M.Ed., P.h.D)
FOUNDER
Witnesses :

1.


2.


Typed by : D. Sivagurunathan, Vriddhachalam

Drafted by : R. Chezhian, Vriddhachalam,
Document Writter Licence No. A 70/2001/ VDM.

1 கருத்து:

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