REGISTRATION NO IS:458/4/2000

 

INCORP EDUCATIONAL CHARITABLE TRUST

 

 

 

 

THIS DECLARATION OF THE TRUST MADE AT KOVILPATTI, THIS  18 AUGUST 2000 UNDER THE NAME OF INCORP EDUCTIONAL CHARITABLE TRUST for the object mentioned in the object clause.

 

Mr.A.S.RAVI, S/o.A.SERMUGASAMY aged about  31, residing at 36/3 – Chekkadi Street, Kovilpatti – 628501, Tuticorin District Hereinafter called as the FOUNDER AND AUTHOR OF THE TRUST shall appoint the following trustees.
1.         Sri.A.S.RAVI , S/o.A.SERMUGASAMY aged about  31, residing at 36/3 – Chekkadi Street, Kovilpatti – 628501, Tuticorin District , hereinafter called as the Managing Trustee of the trust.

2.         Tmt.R.MARISWARI, W/o. A.S.RAVI, aged about  28, residing at 36/3 – Chekkadi Street, Kovilpatti – 628501, Tuticorin District Hereinafter called as the Financial Trustee of the trust.

3.         Tmt.K.MARISWARI, W/O.Mr.K.Kaliraj aged about  32, residing at 1– South Street, South Kalugumalai Village, Palankottai Post,  Tuticorin District Hereinafter called as the          one of the TRUSTEE of the trust.

4.            Mr.G.Gurusamy, S/o.M.Ganapathi, aged about  30, residing at  12–A/2-  South Street, South Kalugumalai Village, Palankottai Post,  Tuticorin District Hereinafter called as the one of the TRUSTEES of the trust.

5.         Tmt.G.Mahalakshmi, W/o.G.Gurusamy, aged about  25, residing   at 12–A/2-  South Street, South Kalugumalai Village, Palankottai Post,  Tuticorin District Hereinafter called as the one of the TRUSTEES of the trust.

WHEREAS

1.      The author of the trust is desirous to establish a fund by this trust with sole object of establishing educational institutions And  for the Advancement of Education lie the Information Technology, Hi-Tech city, Information superhighway like Internet and Modern Communication field to reach the poor in poor in Rural area and the Urban area public at large.

2.      The Trustees have agreed to become trustees and hold and apply the said fund for the objects stated herein and subject to the trustees power and provisions contained in this Deed.

3.      To educate and conduct the training programme for  the people to participate in National Development.

4.      To create awareness in Social , economical, political and cultural aspects of life through education, lectures, workshops, symposiums, etc., and engaging creative and constructive social action.

5.      To bring about social change by organizing the people as mass movement.

6.      To introduce some alternative development strategies for local communities as well as macro level.

7.      To bring about national integration and international understanding and strive for harmony and peace among various religious and racial communities.

8.      To teach health education and to provide health care to the downtrodden people. Also create the awareness of the clean environment programmes.

9.      To conduct health programs , Aids preventation   programs, Child welfare, pollution control and women development programs.

10.  To run Educational institutions for the benefit of socially, educationally and economically weaker sections of the society and spread the information technology and internet to the poor to poor.

11.  To network with like minded organisations for joint action and to provide a common forum for such organisations to share experience and learn from one another, develop a common and more empowering approach.

12.  To organise periodic lectures, meetings, conferences, seminars, workshops, exhibitions, symposiums, surveys and research activities for promoting and attaching the aims and objectives of the trust.

13.  To publish Books, Journals, Periodical, news bulletins, tracks, pamphlets, posters and other relevant materials and to produce short files, slides, strips and the like to attend the aims and objectives for circulation.

14.  To establish and maintain documentation centres, libraries and reading rooms for information dissemination, research and reference. Also establish family counseling centre , old age home and orphans.

15.  To establish and maintain endowments funds for providing scholarship, loans, books and reading materials etc., to the students from weaker sections of the society.

16.  To establish branch offices, regional committees, local committees and the likes and to initiate inter groups and branches of social  welfare organisations to carry them out.

17.  To affiliate to any State, National and / or international organisations including the United Nations organisations and its specialised agencies and or to cooperate with them in all matters concerning the common interest welfare of the national as well as international weaker sections of the society.

18.  The office of the trust shall be situated at present a rental building 25, Mathan Kovil Street, Kovilpatti – 628 501. Tuticorin District and or at the such other place or places in India as the trustees may decide upon. The branch offices of the trust if deemed necessary shall be opened at the direction of the trustees at one or more places in India.

19.  The trustees shall hold the above said sum of Rs.1000/- and all others funds , money and property or properties which may be received by them of secure to the Trust hereafter either by way of donations, subscriptions, Gifts, Income, Rent, Interest or ( all of which are hereafter as the Trust Fund) on Trust and subject to the powers, provisions, agreements and selection, herein after declared and contained concerning the same.

20.  For the purpose of carrying out the objects of the trust, the trustees shall be entitled to purpose and or to construct on or more building or buildings or purchase other immovable property or properties suitable for the functioning of the project. The trustees shall also be entitled to purchase or acquire furniture equipment and all other movable property or properties as and for providing the facilities and undertaking the activities at such places as may be decided upon and otherwise to give effect to the object of the above Trust.

21.  The Trust shall invest the Trust fund its income as may be required or necessary for the purpose of carrying out  the objects of the Trust in immovable properties and deposits in Scheduled Banks with power to vary such investments from time to time into others of the same nature with in the mode prescribed by the income Tax Rules.

22.  The trust shall be entitled to sell by public action or by private treaty asit may deem proper any immovable properties forming part of the Trust upon such terms and conditions, as they may deem proper and beneficial to the Trust.

23.  The trust shall have the powers to raise loans or obtain advances with or without security and upon such terms and conditions as it deem proper.

24.  The trust shall have the power, to give advance, loans, or etc. to like minded organisations.

25.  The Trust shall be entitled to let out its building or portions thereof as is not required for the purpose of the Trust and also other immovable properties, if any , which form part of the trust on such terms and conditions as it deem proper.

26.  The Trustees shall be entitled to appoint one Trustees amount themselves as the managing trustee, with such powers and for such period and upon such terms as the trustees may to time decide. Apart from the managing trustee, the trustees shall be entitled to appoint another Trustee amongst themselves as financial Trustee. The trustees shall at all time during their period devote either on whole time or part time basis, to the various activities of the trust and for the services rendered they shall draw allowance and other perquisites as the Trustees time determine.

27.  To promote the objects of the trust the trustees are entitled to constitute governing councils Advisory committees.

28.  The trustees shall be entitled to remove and replace any number of such advisory committees governing councils or  reconstitute such committees and governing councils from time to time.

29.  Every property of the Trust, movable or immovable shall be kept in the name of the Trust.

30.  The term of office of the Trustees shall not exceed five years from the date of year acceptance of the Trusteeship provided however that they shall be eligible for re-appointment.

31.  Wherever any Trustee resigns, orders or becomes insolvent, or insane or is so convicted of a crimal offence involving moral turpitude or desires to be discharged from or refuses or becomes or unfit or incapable of acting, then in every case, the surviving or the continuing Trustee or Trustees for time being shall be entitled to appoint a Trustee or Trustees in the place such Trustee or Trustees.

32.  Every resolution of decision of the trustees unless and unanimous shall be taken by a majority of the trustees present and voting and in the case of equality of vote, the managing Trustee presenting of Chairman of the meeting shall have a casting vote. The Trustees pass any resolution by circulation if it is unanimous.

33.  The Trustee shall be entitled to a levy charges and collect such fees or subscriptions as it may from time to time decide for the use of any occupation of the rooms, auditorium or any other part of its buildings.

34.  The trustees shall be entitled to frame rules and regulations for the conduct of their business and for the administration of the Trust and for carrying out its objectives and for the maintenance and conduct of its project, it activities and the facilities provided therein to alter, amend, or vary such rules and regulations from time to time as they may deem proper such a rules and regulations shall not be incontravention of the  provision of the Indian Trust Act and the Income Tax Act in this respect.

35.  The Trustees shall authorise the Managing Trustee and Financial Trustee to open and operate jointly account or accounts with any one or more Scheduled banks in the name Trust. If the managing Trustee Financial Trustee or both goes on long leave, they shall authorise other existing Trustee to carry out several functions Bank operations.

36.  Proper accounts showing all receipts and disbursement made on account of the Trust hereby constituted shall be kept by the Trustee and the same shall be fully audited with all necessary vouchers atleast once in every year by such auditor or auditors as the trust appoints .

37.  The trustees shall have full power to compromise or compound all actions suits and proceedings and all differences and demands and to refer any disputes or difference in arbitration and to adjust , settle and approve all accounts relating to the Trust Funds.

38.  The Trustees shall be entitled to engage such staff and upon such terms as to remuneration and other connected matters as they may deem proper and to suspend, remove or dismiss the staff by way of provident fund, gratuity of otherwise as the Trustees may deem proper.

39.  The receipts by the managing Trustees or any other persons authorised by the Trustees for the money paid in respect of Trust Fund or in respect of any money which may otherwise become payable in the Trust or in respect of the Trust shall effectively discharged persons paying the same therefrom or from assessing to the applications thereof.

40.  The Trustees for the time being under these presence shall be respectively chargeable only for such money as they shall respectively actually receive withstanding their respectively singing  any receipt or receipts for the sake of conformity and shall be answerable and accountable for only their own acts, receipts, neglects or defaults and not for these or the others or other of them or for any banker or other persons with whom or in whose hands trust money may be deposited or income or for any loss unless the same shall happen through their or his own willful default.

41.  The trustees or trustee for the same time being may reimburse themselves or himself and discharge out of the Trust Fund all expenses properly incurred in or about the executing of the Trust or powers under these presents.

42.  It is hereby declared that the Trust is irrevocable either directly or indirectly to the Trustees.

43.  It is hereby declared that the Trust is irrevocable.

44.  The trustees consider that the object of the Trust will be better achieved if the income tax on the Trust is exempted under the income Tax Act, in case been inadvertently clause of the instrument of Trust has been inadvertently clothed in languages capable of Trust interpretation inconflict the relevant provisions of the Income Tax Act granting exemptions it is expressly declared that such class is shall have restricted meaning or null and void so that the relevant Income Tax Act provisions will always have the overriding effect.

45.  At present there is no movable except the above said Rs.1000/- or immovable properties in the name of the Trust. AND WHEREAS the DONER and Trustees have decided that further, funds shall be collected by the Trustees for the fulfillments of the projects.

46.  To establish , maintain, run and administer hostels, boarding homes and such other institutions for providing accommodation and other facilities to the poor students.

47.  To establish full fledge technical guidance centre for providing free technical education to the poor and downtrodden.

48.  To establish, promote, set up, run, maintain, finance, support and to aid or help in the setting up and or maintaining and or running Nursery, Primary Schools, Middle Schools, High Schools, Higher Secondary School, Matriculation Schools, Technical Schools or Institution.

49.  To establish , maintain, run and administer Hospitals, Nursing homes, Medical relief centres, dispensaries and such other institutions as may be found necessary and feasible to provide medical relief and treatment to the poor and needy public and to maintain ambulance for carrying the primary purpose of the society viz., relief of poor  and medical relief.

50.  To establish, maintain run or aid in establishing, maintaining running and managing hostels, Boarding Homes, Residential Institutions for the benefit of students, trainees, apprentices, researchers of instructors without and profit motive.

51.  To work RURAL DEVELOPMENT.

52.  To accept donations, grants, gifts either in case or in kind in the pursuits of the objects and to deal with the same for the purpose of the society.

53.  To do all activities necessary for the promotion of educational and for the upliftment of poor, downtrodden, disabled, uncared for the citizens of this country.

54.  To takeover any text existing educational institutions, schools, other centres of education and to conduct, run, maintain, develop and improve the same.

55.  To receive and collect any gifts, subscriptions and donations either in case or in kind and spend the same in fulfillment of all or any of the objects mentioned  supra.

56.  For the purpose sanctioned above, the  author of the trust has already handed over a sum of Rs.1000/- ( Rupees one thousand only) to the trustees by way of initial contribution herewith in after called as the CORPUS FIND.

57.  The trustees hereby declare that they will hold the said amount of Rs.1,000/- (Rupees one Thousand only) handed over by the author of the Trust to the trust as aforesaid and the trustees are also empowered to receive all gifts, contributions, donations and other money or properties from the trustees, government or private  bodies or public in India or abroad and to apply the same for the sole purpose of advancement of Education.

58.  For the furtherance of all or any of the aforesaid objectives of the trust shall have the power to organise collection and to raise funds through its trustees for carrying out the activities of the trust, by way of  donations in India or abroad.

59.  NAME OF THE TRUST.

The trust shall be known as INCORP EDUCATIONAL CHARITABLE TRUST .

60.  REGISTERED OFFICE.

The office of the Trust shall function at 25, Mathan Kovil Street, KOVILPATTI- 628 501. TUTICORIN DISTRICT.

61.  APPLICATION OF INCOME.

1.      The income from property of the trust if any will be applied solely for the promotion of the objects of the trust as setforth in the object clause and no portion thereof shall be paid or transferred directly or indirectly by way of profits dividends interest, bonus, or otherwise to any persons provided nothing herein shall prevent in good faith or remuneration of the offices servant or employee of the trust and other persons in return of the service rendered to the trust. In short, the income and funds of the trust will solely be utilised towards the objects and no portion of it will be utilised for payment to the trustees by way of profit dividend, interest etc.,

2.      It shall be absolutely in the discretion of the Managing Trustee to decide from time to time as to for which objects and purpose specified in  the object clauses hereof the entire corpus of the trust or net income of the trust property or portion (s) of either shall be so utilised paid or spent by them and also the same shall be utilised paid or spent by them and also the terms conditions, durations and the manner in which the same shall be so utilised paid or spent  subject however to the conditions that the income of corpus of the Trust Shall be spent and applied exclusively for such objects and purpose only in India. In short the objects/ activities mentioned in the object clauses shall be carried out only in INDIA.

62.  TRUST FUNDS.

1.      Trustees may collect further contributions in cash or kind towards its Corpus Fund or General fund of Revenue Fund or  Capital Fund or General Fund Earmarked Fund or any other Specific Fund.

2.      Where the income and other receipts exceeds the expenditure of the trust, the surplus funds may be transferred to corpus Fund or General Fund or Capital or Revenue found or Earmarked Fund or any  other Specific Fund.

3.      The income and other receipts of the Trust , shall be used to defray the capital and revenue expense of the Trust. Where such income to receipts are insufficient to meet the expenses of the trustees may use such portion of  the Corpus Funds of General Fund or other funds for the purpose as may be found necessary for the attainment of the objectives stated in the object clauses.

4.      The Trustees shall use trust funds and assets for the benefits of General Public in India without discrimination as to sex, nationality, religion, caste, language, or any other In short the benefits of the trust are open total.

 

63.  NUMBER OF TRUSTEES:

The number of trustees shall  not be less than 2 but at the same time not more than 9. The trustees shall hold office for their lifetime. But any trustee may resign by giving notice in writing to the BOARD OF TRUSTEES. 

64. GENERAL CONTROL AND POWER

A.S. Ravi the Author of the Trust, shall also be the Managing Trustee in the Board of Trustees. The General power and Control of the Trust for the purpose of managing the Trust. Aforesaid shall be carried out by the managing Trustee subject to the control and supervision of the Board of Trustees.

65.  ACCOUNTS AND AUDIT

Proper books of accounts shall be maintained in  respect of all the income of the trust and the expenses incurred in carrying out the objects of the trust. The accounts so maintained shall be audited by a Qualified Chartered as stated in the explanation Section 288(2) of the Indian Income Tex Act 1961.

66.  ACCOUNTING YEAR. 

The Accounting year of the Trust shall be from April to March.

67.  IDEMNITY

The Trustees shall respectively be indemnified against all liabilities incurred by them in the execution of the trust hereof and shall have a lien on the fund for such indemnity.

68.  POWER

The trustees in the exercise of the authorities and discretion hereby vested  in them shall have an absolute and uncontrolled discretions and may exercise the same from time to time or at any time.

69.  BORROWING POWER

The managing Trustee shall have the power to borrow money with or without interest on security of the trust property and is empowered to alienate any part of the Trust property for the benefit of the Trust.

70.  INVESTMENT

The investment of the fund of the trust shall be in accordance with the provisions of Sections 11(5) read with section 13(1) (d) of the Income Tax Act 1961 and no fund shall be invested outside the ambit of section 20 the Indian Trust Act.

71.  MEETING

The Trustees shall at such meeting of the trustees of the trustees elect one of the trustees present to be Chairman of the meeting. Question arising at meeting of  the trustees shall be decided by the majority of votes and in case of an equality of votes, the Chairman of the meeting shall have a casting vote. One third of the trustees or 3 whichever is higher shall be the quorum. The Board of Trustees meeting shall be held at the Registered office or any other place specified by Managing Trustee.

72.  MINUTES

The Trustees shall cause proper minutes to be kept and entered in a book provided for the purpose of all their resolutions and proceedings and any such minutes of any meeting of the trustees, If purporting to be signed by the chairman of such meeting or by the Chairman of the next succeeding meeting  shall be receivable as prime facie evidence of the matters stated in such minutes.

73.  APPLICABILITY

The activities of the Trust are open to citizens of India without any distinction of religion, caste, creed , sex, place of birth or any of them and are not expressed to be for the benefit of the individual or community.

74.  DURATION

The Trust so formed shall be irrevocable.

a.  AREA OF OPERATION.

            At present the Trust shall operate within the Jurisdiction of Tamil Nadu. The Jurisdiction may be extended as the trustees actually decide from time to time.

75.  BANK ACCOUNT

Bank account can be opened in the name of the trust in any of the Nationalised, Scheduled, Co-operatives, Regional Rural Banks or other banks of Financial Institutions as the Managing Trustees decide from time to time. The said account shall be operated by the Managing Trustees or any other trustee duly authorised by the Managing Trustee in writing.

76.  REMUNERATION

No trustee has the right to remunerate for his trouble skill, and loss of the time in executing the object of the trust.  However, any trustee shall with the consent of other trustees by remunerated for the services provided by him in his capacity as a technical/professional man.

77.  BREACH OF TRUST

On account of gross negligence on the part of any trustee, it shall be open for the board of trustee to pass a resolution by a majority that such a trustee is discharged and from the date of such resolution such a trustee shall be considered to have been discharged.

78.  NEW TRUSTEE

The managing trustee in consultation with other trustee may appoint a new trustee for managing the affairs of the trust by inducting him into the Board of the trustees.  Every such appointment shall be by in writing under the hand of the Managing trustee.  On an appointment of a new trustee, the number of  trustees may be increased.  The trustee hereby appointed shall be life trustee.

79.  POWER OF THE BOARD OF TRUSTEES

A. BOARD

            All the trustees shall collectively called “Board of Trustees”.

B. STAFF

The Board has power to appoint employees of the Trust and to pay and give allowance to such persons.

C. ACCRETION OF CORPUS

            The Board has the power to accumulate the corpus and of the balance of income from trust properties after meeting the expense of the trust and or the on institutions with liberty to trustees to spend such accumulation of the balance of income for establishment and running of homes or other institutions for carrying out the objects of the trust.

D. ARBITRATION

The Trustees shall have full power to compromise or compound all actions, suits and other proceedings and settle difference and disputes touching the trust property and to refer any such difference or disputes to arbitration and to adjust and settle all accounts relating to the Trust property and do all other act, things fully and effectually without being liable or answerable for any bonafide loss occassioned thereby.

E. EXECUTION

The Trustees shall have the power to arrange for and or authorise the signing or execution of any agreement, contract, instrument  document or any other paper or writing required to be signed or executed on behalf of the Trustees by the author of the trust or any trustee authorised by the author of the trust in writing to make the same effective and binding as if the said agreement, contract, instrument or document or paper or writing were signed by all the trustees.

F.COMMITTEE

The board has the power to appoint committee, advisory boards, governing body, consultants, advisors for specific objects or generally and or for any institutions established, run and maintained by the Trust.  The committee so appointed shall function under the control and management of the Board of Trustees.

G. SUEAND BE SUED

The board of Trustees shall be entitled to sue in the name of the trust and may similarly be sued in the name of the Trust.

H. CO-OPTION

The Managing Trustee in consultation with the Board may co-opt any new or additional trustee.  On signing his acceptance by the co-opted trustee, the trust property shall automatically vest in him along with other Trustees for the time being and co-opted trustees will be entitled to carry out all the duties and function or the trust without any other deed or writing.

I. PORTFOLIO MANAGEMENT

The Board of Trustees shall have the power to purchase, acquire, take on lease or mortgage land and immovable properties and to construct, build, repair, rejuvenate, rehabilitate and develop any immovable property for the purpose of the trust and for purchase, acquire, take on lease any movable property including furniture, fixtures, books, conveyance for  the purpose of the trust.  Further the trustee shall manage or supervise the management of immovable properties, hereditaments and premises acquired out of the trust money in the best interest of the trust for which it is created and shall take all precautions such as insurance etc., as they may in their absolute discretion think fit.

J. GENERAL:

The power to the trustees would not extend to altering the basic character/objects of the trust and further no amendments which may prove to be repugnant to the provisions of sections 2 (15), 11, 12 & 13 and 80G of the  Income Tax Act, shall be made.

78. ELIGIBLE PROJECT:

The trust shall do execute any project or schemes which is being notified in the official gazettee as an eligible project or schemes as sanctioned by the National Committee.  The trust shall do the necessary formality such as application etc., as contemplated under section 35 AC of the Indian Income Tax Act 1961.

79. RURAL DEVELOPMENT PROGRAMME:

The trust shall undertake any programmes of rural development of train any person for implementing programmes of rural development as approved by the prescribed authority which has been contemplated under section 35CCA of India Income Tax Act 1961.

80. CONSERVATION OF NATURAL RESOURCES:

The trust shall undertake any programme or conservation of rural resources or of afforestation and carry out other programmes of conservation of natural resources or afforestation as approved by the prescribed authority which has been contemplated under section 35 CCB of the Indian Income Tax Act 1961.

81.DISSOLUTION OR WINDING UP:

In the event of dissolution or winding up, the assets over liabilities of the trust shall be transferred to another trust/institution etc., with similar objects and which enjoys the benefits of section 80 G of the Indian Income tax Act 1961.

82.RIGHT OF THE TRUSTEES:

     a. TITLE DEED

      Any Trustee is entitled to have in his possession instruments of the trust and all the documents of title  (if any) relating the trust property.

 b. REIMBURSEMENT OF EXPENSES:

      Every trustee may reimburse himself or pay or discharge out of trust property all expenses properly incurred in or about the execution of the trust or the realisation, preservation of benefit of the trust property.

 c. RIGHT TO SETTLEMENT OF ACCOUNTS:

         All the trustees are entitled to have the accounts of the administration of the trust property examined and settled.

d. GENERAL:

         In addition to the powers conferred expressly by this instruments a trustee may do all acts which are reasonable and proper for the realisation, protection or benefit of the trust property so as to the attainment of the objective of the trust so formed.

 

83. ACCUMULATION OF INCOME:

           Where the income of the relevant year is not applied for charitable purposes the trust may accumulate or setapart either the whole or part of its income  for future application for such educational or charitable purposes.

84. SCHEME:

           The trust may formulate any scheme for promotion of small family norms and population control by encouraging spacing methods and sterilisation with the assistance from Department of family welfare.  Ministry of Health and Family welfare, Government of Indian.

85. SEPARATE BOOKS OF ACCOUNTS:

            If the trust intends to do any activity which is incidental in nature for the fulfillment of objectives of the trust, the  trustees shall maintain separate books of account for the activities to be carried out.

86. PRIOR APPROVAL:

The Instrument of Trust shall be amended/varied only with the prior approval of the Commissioner of Income Tax, Madurai.

87. OTHERS:

    a. The Trustees do not have the power to alter or carry out any amendment so   as to affect the basic character or objects of the trust.                  

b.      The educational institutions and non-educational organisations/institutions proposed to be established and run by the trust shall be for the welfare of the public and shall not function in the nature of carrying on an /business activity and not for the purpose of profit.

          The value of property conveyed and already settled upon the trustee is Rs.1,000/- (Rupees one thousand only) on which the stamp duty has been paid.

 

In witness where of the Founder and the Author of the Trust has executed this declaration of Trust, the day and month and year first above written in the District Registrar’s Offices, Palayamkottai.

I intend to register this Deed in Kovilpatti Registrar’s Office.

 

                                                                                                                                                                               

                                                                                A.S.RAVI

Signature of Founder and Author of Trust

REGISTED ON 18.8.2000