TRUST DEED OF MOTHER NATURE TRUST
PUNE
THIS DEED OF TRUST MADE AT Pune this 28th day Of
OCTOBER, 1998.
BETWEEN
Shri. Shrawan
Krishna Prakash Gupta
Aged : 41 Yrs. Occ. :- Social Work,
Address :- 5, Shivganga, Bibvewadi, Pune 411
037.
hereinafter called the "SETTLOR" Which expressions shall
unless inconsistent With or repugnant to the subject or context, Thereof,
include his heirs, executors, and Administrators of the one part;
AND
1) Smt.
Surabhi Shrawan Gupta,
Aged : 40 Yrs. Occ. :- Housewife,
Address :- 5, Shivganga, Bibvewadi, Pune 411
037.
2) Shri. Shrawan Krishna
Gupta,
Aged :- 41 Yrs. Occ :- Social work,
R/at :- 5, Shivganga, Bibvewadi, Pune :- 411 037.
HEREINAFTER CALLED AS THE TRUSTEES (Which Expression shall unless repugnant
to the context Or contrary to the meaning thereof include the survivor or
Survivors of them, and other trustees for the time being Of these presents and
the heirs or successors or administration Of the last surviving Trustee) of the
other part;
WHEREAS the Settlor since 1975 had undertaken the Village development
projects in his home village, Bahadurgarh;
AND WHEREAS on the fifteieth Annniversary of the "Quit India " Movement in
1992 late Shri Achyutraoji Patwardhan suggested to the Government of Maharashtra
That the model of the village development work in Ralegansiddhi be replicated
atleast in 300 villages i.e. in one village in every Taluka in the State of
Maharashtra, as he thought it would be a fit tribute to the Thinking of Mahatma
Gandhiji and the Independence Movement;
AND WHEREAS the Government of Maharashtra and also The Government of India
have shown keen interest in Development of such projects and have assured full
Co-operation and assistance in implementation of Such projects;
AND WHEREAS the Settlor is desirous of making A charitable trust wholly for
charitable purposes and more Specifically for the recretational, cultural and
development Of women.
AND WHEREAS the Settlor has decided to undertake Development work in
pursuance of the aforesaid objects And establish education centers at various
places for Educating village workers especially the poor and women.
AND WHEREAS Settlor is desirous of settling a sum of Rs. 500/- (Rs.Five
hundred only ) upon trust for public Charitable purposes as hereunder espressed
or contained In these presents and in pursuance of such desire he had handed
over prior to execution of these a sum of Rs. 500/- (Rs. Five hundred only ) to
the Trustees;
NOW THIS INDENTURE WITNESSETH AS FOLLOWS
:-
- In pursuance of the said desire and for carrying out Such desire into
effect, the settlor hereby grants transfers And assigns unto the Trustees the
said sum of Rs. 500/- (Rs. Five hundred only) to HAVE AND TO HOLD the said sum
of Rs. 500/- (Rs. Five hundred only) unto the Trustees upon the subject to the
Trusts powers and Provisions hereinafter declared and expressed of and
Concerning the same.
- The Trustees hereby convenant with the settlor his heirs, executors,
administrators and assigns that they the Trustees will stand and be possessed
of the said sum of Rs 500/- and the investments for the time being
representing the same and all shares, stocks, funds and securities , and other
property moveable and immovable which may under the Trusts and provisions of
these presents be substitute or added in the execution of the Trusts and
powers of these presents including donations which may be received (all of
which are hereinafter in these presents designated as "The Trust Fund" upon
Trust for the use and subject to the powers, provisions, directions and
agreements hereinafter declared and contained and concerning the same.
- The Trustees shall stand and be possessed of the Trust fund upon trust to
receive the interest dividends and Other income thereof and thereat in the
first place to Reimburse themselves or pay and discharged all the costs,
Charges and expenses incurred in or about or incidental to The administration
or execution of any of the trusts or Powers of these presents and also all
outgoings, taxes, Assessments, dues, and duties payable in respect of Any
immovable property if any for the time being Subject to the trusts to apply
the residue of the said interest, Dividend and other income (hereinafter
called "the said income") And at their discretion to apply the whole or any
part or parts Of the corpus of the Trust fund in India for such public
Charitable purposes including
- Development of village and rural area economically And ecologically;
- To import education-academic , civic, and moral
- Create and cultivate community sipirit in the village And rural
population;
- Relief to the poor, disabled and handicapped;
- Medical and veterinary relief;
- Advancement of any other object of general public Utility as the law may
regard as public charitable purpose And as the Trustees may selected and
undertake one or More of such public charitable Purposes as aforesaid.
- And without prejudice to the generally of the forgoing Objects or purposes
the Trustees shall, each year and from Time to time, apply the residue of the
income of the Trust Fund and may at their discretion apply also the Trust fund
Or any part or parts of the Trust Fund in or towards anyone Or more of the
following objects (which according the other Or others of them in such
proportion and manner in all Repects and the Trustees may in their absolute
discreation Think proper;
- Rural development such as agricultural training, water Irrigation, waste
land development, aforestration, animal Husbandary, village industries;
- Develop self reliant and self governed villages;
- Undertake water and soil conservation programmes;
- To implement new ideas of technology of water And soil conservation, and
upgradation of rural economy,Health and Hygene;
- To establish education centers for the objects of The Trusts;
- To undertake programme of health - education;
- To set up schools, hospitals, hostels, training centers etc.;
- To provide relief in man made and natural disasters;
- To undertake programmes of technology developments Community
organizations and man - power development etc.
- For helping rewarding and encouraging talented and Committed people for
their performances and merit in matters connected with objects of the Trust.
- To Promote higher values in national life, and help men, women, and
childrens in their achievements.
- To undertake publications of books, Libraries , video films, Etc. for
promoting the objects of the trust, on no profit basis;
- Prevention of diseases;
- Training in meditation and yogic practices;
- Promote studies in Indian cultural, philosophical Ethical and historical
studied;
- Promote ideals of morale, ethical and civilian living;
- Appreciate and reward achievements in social and Human-itarian services;
- Establishment and /or acquisation and maintenance or Support of school,
colleges, Gurukuls, Vidyalayas, Study Centers and other institutions,
imparting education and/or Training;
- Spiritual and ethical advancement and any other projects of Humanitarian
services and/or general public utility;
-
- To promote, execute and encourage schemes for social upliftment of
women.
- To establish education centers for women, hostel For working women
running of cultural, sports and recreational Club and organizing home for
destitute and needy women.
- To undertake execute and assist in executing the research in
connection with social sciences and social services, particularly for
women.
- To organize seminars, workshops, conferences, get together programmes,
health care and other related programmes of social cultural and women
importance so as to bring the women together.
- To promote and encourage various games like Badminton, table-tennis,
lawn, tennis, swimming, athletics, Gymnastics, basket-ball, carom, chess
and various other Indian and International sports.
- To establish manage run or assist in establishment Managing of
hostels, community centers, (cultural recreational Centers, health
resorts, swimming pools, gymnasium, beauty Parlours, relaxation and
resting centers) libraries/study rooms For women.
- To organize networking programmes among the Indian and International
organization on social, cultural, Sports and economic issues.
- To arrange, organize, promote, assist, help guide Plan undertake
treks, tours, expeditors and camps.
- To conduct, sponser, festivals, competitions, Exhibitions shows etc.
to encourage drawing and painting, Music, dance, drama, elocution, debate,
sports, and all Other cultural activities.
- To arrange dramas ,fashion shows, model shows, Fancy dress
competitions and various other related competitions.
- To organize and hold public performances lectures Workshops etc. so as
to educate the women in developing And understanding of the value of
excellence and an Appreciation of the value of high quality in the
performing Area. Arts.
- To arrange courses, competitions debate arrange Seminars, exhibitions,
slide, shows, charity shows, on Different type of cultural activities and
award prizes, Certificates thereof, to print, publish or aid the
publication Of books, magazines news papers and other literature of women
importance social sciences, public policy and Cultural matters and
community development that may be Considered desirabe for the promotion of
objects of the Trust.
- Generally to all such acts, deeds and things as may Be deemed
incidental and conductive to the attainment of all Or any of the above
objects. In such manner as the Trustees may think fit to do and for one Or
more such public charitable purposes; provided that the said Income as
well as the corpus of the Trust fund shall be applied Only towards public
charitable purposes as aforesaid and the Accumulation of income shall also
be made and deemed to be made for application to such public charitable
purposes as aforesaid Provided always also without prejudice to the
generalityof the Forgoing heads that the help to be given under any of the
Forgoing heads, wherever the same admits may be given either In the way of
pecuniary payment or the supply or distribution of Materials or any manner
which the Trustees may consider Desirable.
- The Trustees shall in caseswhere any aid is proposed to Be given for
charitable purposes to any institution, association, Society, organization
body or trust, ascertain whether the objects Of such institutions association,
society, organization body or Trust are in accordance with the objects of this
Trust and if so satisfied may give donation to such institution, association,
society, Organization body or trust for being utilized for such objects.
- The Trust hereby established shall be called "MOTHER NATURE TRUST".
- The office of the Trust shall be at Pune or at such other Place in India,
As the Trustees may from time to time think fit For the present the office
will be at 5, Shivganga, Bibvewadi, Pune 37.
- For the accomplishment of the Trust of this presents and without prejudice
to the generality of any powers hereby or by law conferred or implied or
vested in the Trustees, the following powers and authorities are hereby
expressly conferred on the Trustees, that is to say;
- To appoint anyone from amongst them as managing Trustee with such powers
as may be delegated to him or her from time to time.
- To permit anyone or more Trustees to operate on any banking accounts
without any liabilities on the other Trustees to examine the said accounts
or to be in any way responsible for the acts, deeds or defaults of such
Trustees or Trustee in connection with such accounts.
- To purchase, construct or heir or take or lease any Immovable or movable
property for all or any of the Purposes of the said Trust as such price,
cost or rent And on such terms conditions and for such period and With or
without option for renewal as the Trustees may Think fit.
- To let out, lease, mortgage, sell, charge or licence any property
belonging to the Trust for such rent or compensation and on such terms and
conditions and for such period as the Trustees may think fit.
- To appoint and dismiss or terminate or discharge the services, of and
re-appoint, executives, officials, doctors, nurses, clerks, care-takers
attendants and other employees on such salary, wages fees, commissions or
other remunerations and on such terms as they think fit.
- To delegate by power of attorney or otherwise to any Trustee or Trustees
or any other person any powers Implied by law or conferred by statue or
vested in the Trustees by these presents but the Trustees shall not be Held
liable or responsible for the acts or defaults of any Such persons or person
but only for their own respective Acts and defaults.
- To act according to the decision of the majority of Trustees when the
Trustees are not unanimous and such Decisions shall be binding on the
minority as well as on those Trustees who may not have voted or who may be
Absent. If the Trustee shall be equally divided in the opinion the matter
shall be decided according to the casting vote of the chairman.
- To reimburse themselves or apply and discharge out of the funds or any
property subject to the Trust of these Presents and income thereof, all
expenses that may be incurred in or about the execution of the Trusts and
Powers of these presents, including reasonable amount of travelling
expenditure incurred for attending any meeting of the Trustees.
- To decide any questions arising in the administration of Trusts whereof
and including all questions relating to the Interpretation of these
presents, the administration of any institutions maintained by the trust or
concerning anything or matter relating to, connected with or arising out of
these presents or the operation thereof. The decision of the Trustees on all
or any of the matters aforesaid shall be final.
- To compromise, compound, abandon submit to arbitration or otherwise
settle any actions, suits, proceedings, debts, claims, things whatsoever
arising out of the administration of the Trust Fund, or any institutions
maintained and or any of these purposes any enter into give execute and do
such agreements,instruments or composition or arrangements, release and
other things as to them seem expedient, without being liable or responsible
for any loss occasioned by any act or things so done by them in good faith
as fully as if they were absolutely entitled to the Trust Fund and the said
institutions without being answerable for any loss occasioned hereby.
- To set up one or more committees for the routine and Day-to-day
management and administration of any such institutions under their ultimate
supervision and control. The Trustees shall be entitled to frame the
constitution and regulate the procedure of such committees at and to
delegate to them such powers as they may consider proper and necessary. Any
one or more Trustees may be members of any such committees in which Trustees
may nominate persons other than themselves.
- To frame such rules and regulations for the management And
administration of the Trust and institutions as they shall think fit and to
alter or vary the same from time to time and to make new rules and
regulations. Provided that such rules and regulations such not be in
consistent With the terms of these presents.
- To deposit by way of safe custody documents held by Them relating to any
property belonging to the Trust with any bank or safe custody and to any sum
payable in respect of such deposit.
- To permit the investments to stand so long as the Trustees desire in the
name of any managing Trustees Or Trustees or other Trustee or Trustees and
to provide which Trustee shall in case of joint investment, the name as the
first.
- To borrow or raise any money that may be required to by Trust for the
purpose of its object upon such terms as may be deemed available and in
particular by the issue of bond debentures, bill of exchange, promissory
notes or by mortgage or charge of all or any part of the movable or
Immovable assets belonging to the Trust.
- To establish and support or add in the establishment or support of
funds, trusts or institutions calculated to benefit employees or
ex-employees (or their dependents) of the Trust or any Institutions
maintained by it.
- To spend and apply whole or any part of the Trust fund Income or assets
received as donation towards the corpus or otherwise for any and all
objections of the Trusts.
- To do all such lawful things as may be incidental to or Conducive to the
attainment of the objections of the Trust.
- Subject to the provisions of any law for the time being in Force and
applicable to the trust in general and subject to the Bombay Public Trust Act,
1950 the Trustees shall invest all moneys which shall require investment in
any investments or properties of whatsoever nature and where soever situate
and whether involving liabilities or producing income or not and in any manner
they may think proper and to call, in, sell, convert or exchange such
investments and properties, both movable and immovable they in their absolute
discretion think it desirable to do so. And without prejudice to the
generality of the foregoing Powers the trustees may invest any moneys
requiring Investments;
- In the purchase of any immovable property situated In India or elsewhere
and for the development thereof the Trustees may borrower money at such
interest as they may think fit for the purposes without security or on
security.
- In the purchase of or subscription to debentures stocks, Funds, shares
and securities, stocks, funds, shares and securities of any company or
corporation whether incorporated in India or elsewhere.
- In making loans upon the security of any immovable Property or movable
property.
- In any business which may be carried on by the Trustees as such trustees
for and on behalf of the Trust hereby established.
- In the purchase of any immovable property or Acquisitions of flats, by
becoming members of co-operative socities. To the intent that the trustees
shall have the same full and unrestricted powers of investing and
transporting the investment in all respects as if they were absolutely
entitled there to beneficially.In the execution of the powers of investments
hereby or by law conferred upon the Trustees, no Trustee shall be liable for
any loss to the trust fund arising by reason of any investments made in good
faith nor shall any trustee hereof be liable for any loss to or in respect
of the trust fund unless such loss shall be attributable to his own
dishonesty or wilfil commission of an act known by him to be a breach of
trust.
- It shall be lawful for the trustees to construct, build, erect buildings,
houses, tenements, pull down, renovate, rebuild, Alter, adapt, improve add, to
develop or repair any immovable Properties comprised in the Trust fund and to
expend for all or any Of the above purposes such moneys out of the trust fund
or the Income thereof as the Trustees may in their discretion think Fit and
proper. The Trustees shall also be entitled in their name Or the names of one
or more of them to become members of Any co-operative society or other like
institution for the protection, benefit and improvement of the trust fund or
any property comprised therein as also to enter into such contract and take
such other actions proceedings as they may think proper for other actions the
purpose of protection, benefit or improvement and to pay all fees and
subscriptions and and defray all charges and expenses as may be considered
proper. The Trustees shall also be entitled to enter into any agreements or
Convenants with the owners of or persons interested in any other Prorprerties
and whether restrictive or otherwiseand whether for the benefit of the
properties comprisedin the Trust fund such other properties as they may in
their absolute discretion think fit from time to time. The Trustees shall also
have the power to insure any premises, property or other assets comprised in
the Trust fund against loss by fire, lightening or civil commotion or other
risks or losses as the trustees may think proper from time to time but no
liability shall attach on the trustees or any property remaining uninsured in
any way. The Trustees shall also have the power after paying all rents, rates,
taxes and other outgoings and expenses out of the rents and profits of any
immovable properties, to set abide out of the balance thereof from time to
time such sums of money as the trustees consider proper to meet the expenses
of heavy repairs or by way of discpreciation or sinking fund and to utilise
the same and the income thereof for heavy repairs or for rebuilding or
reinstating immovable properties or other assets or erecting new buildings and
in the mean time to invest the same in the manner authorized by these
presents, It shall also be lawful for the Trustees to permit any immovable
Property forming part of the trust fund to be held, used and Enjoyed for the
purposes of any scheme of charity or other Purposes of these presents.
- Upon any sale or other transfer by the trustees under the Power aforesaid
, the purchaser or purchasers, transferee or Transferees, dealings bonafide
with the Trustees shall not be concerned to see or inquire whether the
occassion for executing or exercising such power has arised or whether the
provisions as to the appointment and retirement of the Trustees herein
contained have been property and regularly observed and performed . Neither
shall the purchaser or purchases, Transferee or Transferees be concerned to
see the applications to the purchase moneys or other consideration or be
answerable for the loss, misapplication or non application thereof.
- The Trustees are hereby authorize to invite or accept donations, of money,
shares, debentures, bonds, securities, business and other movable or immovable
property from the settlor or anyone else by way of gift grant legacy or
otherwise on such terms and conditions as the Trustees may think fit and not
being inconsistent with the terms of these presents and such donations shall
be held by the Trustees as accretion augmentation of the Trust Fund and shall
be subject to the same Trusts, powers and provisions as are contained in these
presents and applicable thereof as if such money or other property had formed
part of the original Trusts Fund Provided that the Trustees may refuse to
accept any such donation grant or legacy which they may in their absolute
discretion consider unsuitable.
-
- The Trustees may meet together for the dispatch of the business and
adjourn and otherwise regulate their meeting and proceedings as they may
think fit.
- Resolution passed without any meeting of the Trustees Evidenced by
writing under the hands of the majority of the Trustees shall be as valid
and effectual as a resolution duly Passed at a meeting of the Trustees held
in accordance with The provisions of these presents.
- The quorum at a meeting of the Trustees shall be Two.
- The Trustees may appoint anyone from amongst Them as the chairman of
such period as the may deem fit to Preside over the meeting of the Trustees.
Incase no such Chairman is absent, the Trustees would elect may one Amongst
them as chairman to preside over a meeting.
- The Trustees shall keep or cause to be kept proper books of accounts. In
which shall receipts and expenditures relating to the Trust Fund and other
institutions maintained shall be entered books shall be Kept at the office
of the Trust of such institutions as the case maybe. The Trustees shall each
year cause to be made and prepared All proper accounts of receipts and
expenditure in connection With the management of the trust fund and other
institutions For the proceeding year showing separately severally heads of
receipts and expenditure.
- Notes made in the minute book and other heads of any matters relating to
the Trust shall be consculive evidence of the facts and matters duly noted
therein.
- Any trustees being a lawyer, accountant or other person engaged in any
profession or business shall be entitled to be paid all usual professional or
proper changes for time expended business transacted and acts done by him or
any partner of his in connection with the Trusts thereof (including acts which
a Trustee not being in any profession or business could have done personally)
inspite of the Trust that he shall be a Trustee of this presents.
- The receipt of the Trustees or Trustee or the managing Trustee as the case
may be for any money paid or any stock funds or securities or other
investments transferred to them or him in the execution of any of the trust or
powers hereof or for the purchase money paid to them or him shall effectually
discharge the person or persons so paying transferring the same therefrom.
-
- If the trustees hereby constituted or any of them or the trustees or
trustee appointed as hereinafter provided shall die or desire to be
discharged or refuse or become incapable to act or is adjudicated insolvent
or convicted or a criminal offence involving moral turpitude and punished
with imprisonment exceeding six months or be absent from India for a period
for twelve months or more without obtaining leave of the other trustees in
writing the surivivors or contuining trustees or trustee for the time being
may subject to the provisions of clause 17 appoint any person or persons in
the place of the trustees or trust so dying, desiring to be discharged or
refusing or becoming incapable to act or adjudicated insolvent or convicted
of a criminal offence and punished with imprisonment as aforesaid or being
absent from India as aforesaid.
- The trustee may subject to the provisions clause 17 a Any person or
persons as an additional trustee or trustees. It shall be lawful for the
person or persons for the time being entitled to appoint a new trustee or
trustees hereof to appoint any bank, company or corporation to be an
additional trustee of these presents jointly with the contuining trustees
upon such term as to remuneration or otherwise and for such period as the
trustees may think fit.
-
- The number of trustees shall at no time be less than 2(two) or more than
9(Nine).
- On every appointment of trustees the Trust fund shall if and so for as
the nature of the property and other circumstances shall require or admit
and unless the trustees otherwise resolve but so as not to prejudice the
powers of the Managing trusted be transferred so that the same may be vested
in the trustee or trustees for the time being. AND EVERY trustee so
appointed as aforesaid may as well Before or after such transfer act or
assist in the execution of the Trust and power of these presents as fully
and effectually as if he Been hereby constituted a trustee.
- The Trustee shall be respectively chargeable only for such Moneys stocks
funds securities and other assets of the trust as they shall actually receive
nothwithstanding their signing any receipt for the sake of conformity and
shall be answerable and accountable only for their own respective acts,
receipts, neglects and willful defaults and not for those of each other nor
for those of any bankers, brokers placed deposited or come nor for the
deficiency or insufficiency of any stock funds and securities nor for any
other loss unless the same shall happen due to or through their or his own
willful default or dishonesty respectively and in particular no trustee shall
be bound to take any steps or proceedings against a co-trustee.
- Where the trustees in the purported exercise of the trust discretion and
powers hereby or by law conferred act on the advice of any console, solicitor
or other lawyer, engineer, surveyor, land or estate, agent, actuary, broker,
cashier, accountant or expert and the trustee shall not be responsible for any
loss that may result from acting on such advice but the act or omission shall
be deemed to be authorized and proper and the advice shall operate to protect
the trustees in the like manner as if the act or omission had been directed or
authorized under an order of a court of competent jurisdiction.
- The trust hereby established is irrevocable.
IN WITNESS WHEREOF
the parties hereto havehereunto set their Respective hands the day and year
first herein above written. SIGNED AND DELIVERED BY The within named settlor
Shri Shrawan Krishna Prakash Gupta
SIGNED AND DELIVERED BY The within named
Trustees 1) Smt. Surabhi Shrawan Gupta
2) Shrawan Krishna Prakash
Gupta