TRUST DEED OF
“ARYA SAMAJ MANDIR SANSKAR TRUST”
THIS charitable Trust Deed of: “ARYA SAMAJ MANDIR
SANSKAR TRUST” can be referred as “ASMT” executed on this
_____June, 2024.
BETWEEN
1. Mr. BHAVNESH KUMAR, aged about 33 years
S/o Mr. D.P SINGH
R/o 4649/4, GALI NO.1
NEW MODERN SHAHDARA,
DELHI-110032.
SETTLOR/TRUSTEE
2. Mr. ASHISH RANA, aged about 40 years
S/o Mr. M.S RANA
R/o C-3/109, MIG FATS KESHAV PURAM,
DELHI.
TRUSTEE
3. MS. NITU VATS, aged about 32 years
D/o ANOOP SINGH VATS
R/o HOUSE NO 152 NEAR MASJID,
MUNDKA VILLAGE DELHI 110041. TRUSTEE
Here-in-after called the Trustees (which expression shall unless
excluded by or repugnant to the subject or context be deemed to include the
Trustees for the time being of these presents and / or survivor or any of them
and their successor or successors in office) of the OTHER PART.
AND WHEREAS:
[Link] Settlor is desirous of establishing a fund for the public charitable objects
and purposes in India and out of India, here-in-after expressed.
[Link] Trustees have, at the request of Settlor, agreed to act as Trustees of their
presents upon the terms and provisions here-in-after contained.
NOW THIS DEED OF TRUST/INDENTURE WITNESSETH AS
FOLLOWS:
1. [Link] order to effectuate the said object of creating and establishing a
public charitable trust, the Settlor has made over to the Trustees a sum
of Rs.1100/- (Eleven hundred only) to have and hold the same together
with all additions and accretions thereto and investment thereof and all
accumulated income thereof and all other property or properties that
may be acquired out of the same or otherwise may hereinafter expressed
with the powers and on the terms and conditions here in contained of the
concerning the same.
2. Name of the Trust: The name of the Trust shall be “ARYA SAMAJ
MANDIR SANSKAR TRUST”, can be called as ASMST.
3. The registered office the trust shall be situated at the property bearing
no. 46, LANDMARK OPP NEW COURT, GOKHALE MARKET, TIS
HAZARI, DELHI-110054, and branch office at property bearing no. D-
178, SCHOOL BLOCK, NATHU COLONY, SHAHDARA, DELHI-
110093, and which may be changed from time to time at such other
place or places as the trustees may deem fit and proper at their discretion
4. Work area: ALL OVER INDIA AND INTERNATIONAL.
5. Trust could have its unit offices at any place in India and Abroad.
Aims and Objects:-The aims and objects for which the Trust is established are
as under:-
a. To take up effective but reasonable and lawful steps for the eradication of
social evils such as dowry system, Child Marriage (Bal Vivah), Child
Labor, Wastage of money in the various function and use of intoxicated
drug wine/smack etc.
b. To open found establish promote set up run maintain assist finance support
and or help the various community developing the Community Halls, Barat
Ghar, Pio, Dharamshala, Night Shelters, Shochalay, Old Age Homes,
Health Care Centers, Charitable Dispensaries, Hospitals, Libraries, Reading
Rooms, Play Ground, Stadiums (Both Open and Indoor) Yoga Centres,
Drama Stage and Other building/institutions for the upliftment and
betterment of the members of the society and for the general welfare of the
general public.
c. To establish and manage choultries or rest houses for the benefit of
pilgrims, tourists and students going on educational tours.
d. To grant scholarships and freeships and food or marriage to the poor and
deserving students.
e. To provide sound education to children of all communities irrespective of
their race, religion caste or creed in general and to prepare them to become
nature and responsible citizens of the country through all-round physical
intellectual academic moral and spiritual development biases on valued
derived from the life.
f. To Serve Humanity & Help Needy by taking up various program in the
field of Health, Education, Drinking Water, General Uplift in the Living
Standard in Slum /Rural areas etc.
g. To Provide Proper, Quality & Affordable Diagnostics Services & Treatment
of Health Care & To Set Up Charitable Diagnostics Center in India and out
of India.
h. To open centers/institutes for diagnostic curative and research of cancer
aids, and for other deadly disease.
i. To run hospitals, dispensaries in Slum /Rural areas of India.
j. To collect information, notices, notifications, policies from the government,
semi government, national/international agencies and NGO and provide
them the same to the members of the trust and general public.
k. To provide useful information, education, knowledge and medical advice to
the general public, regarding the vices of society like smack, smoking,
hukka, alcohol, wine etc. Though holding awareness camps, for de-addition
and also organizes the lectures by expert term of doctors, journalist's lawyer
and professionals etc.
l. To make arrangements for mobile emergency van/ ambulance for the
victims of road accidents, to provide help to pregnant women to shift them
to nearby hospitals and also provide assistance to the old in case of
emergency.
m. To make best effort and organize various kind of programmes and/or
activities relating to family planning and to diffuse useful knowledge about
the medicines, equipments, method, etc, used for family planning and also
to provide the family counseling facilities.
n. To open centers/institutes for diagnostic, curative research of cancer,
HIV/AIDS/TB and other deadly disease and to arrange and organize eye
and blood donations camps all over India level.
o. To provide legal, medical, social, and economical help and assistance to the
needy and weaker section of the society.
p. To Arrange and manage the training intuitions in typing, short hand,
computer, Fine arts Crafts, Music , Painting Modeling, Dancing, yoga,
Physical Education and in Other Professional training subjects.
q. To Arrange and manage the conversion of religion. &to Conduct research in
education and other disciplines on the different subjects relating to
education.
r. To Promote Literacy, cultural and other social activities by awareness
Programmes, Adult Education Classes, Lectures, Essay Competitions,
Exhibitions, Symposiums, Cultural Programmes, Press Conferences and
Seminars.
s. To provide food, Cloths, Medical aid stationery, transportation, libraries,
laboratories, Reading room’s hostels play grounds, swimming pool and
other possible facilities to the students and also to the members of the Trust.
t. To engage, employ or hire appropriate staff, workers legal experts and other
Professionals, attorneys, managers and agents for the work and furtherance
of the aims And objects of the trust and to pay their wages salaries, stipends
or fees.
u. To Arrange and organize various kinds of child welfare programmes/
Activities.
v. To purchase/ acquire the land and /or the building in the name of the trust
and make construction thereupon.
w. To do such other things/act/ activities which are necessary and which may
be Incidental or conductive to the attainment of any of the object of the
trust.
x. To generate employment for youngsters, ex-service men, women, senior
citizens and handicaps in rural and urban areas.
y. To form Youth Clubs and involve the youth in nation building activities. To
develop their values & skills so that they may become responsible and
productive citizens of India.
z. To act as a catalytic agency in reaching the benefits of Central and State
Government Schemes to the rural community in general and the youth in
particular.
aa. To inculcate in the rural youth the spirit of voluntarism and cooperation.
bb. To create large Network for development and promotion of programmes in
priority sectors such as employment generation, literacy, family welfare,
environment conservation, national integration, gender equality and
women's empowerment.
cc. To provide opportunities to those students who feel motivated to serve the
community on a whole-time basis.
dd. To provide the youth from different parts of the country and from diverse
religious and cultural backgrounds a common platform to interact with each
other, know each other’s customs and life styles, to work together in
community welfare projects and in the process make them aware of the
underlying unity amidst diversity.
ee. To promote nationally accepted values, consciousness against social evils,
and development of fitness culture, etc. in youth by building a healthy
society contributing to national development.
ff. To develop leadership qualities among the youth through vocational
training so that youth can act as focal point of dissemination of knowledge
in their own area of activity.
gg. To develop among the non-student rural youth such attitudes and skills as
will enable them to function better as productive citizens.
hh. To prevent migration of the rural youth to cities by enabling those to realize
that agriculture and other rural occupations are as rewarding as those in the
urban areas.
ii. To inspire youth to set up their own training centers in their [Link] inspire
prospective young entrepreneurs to learn modern techniques/ methods in
training and entrepreneurship skills.
jj. To create new skills among rural youth through which villages can become
self-reliant To promote among the youth an understanding of the processes
of Entrepreneurship Development.
kk. To equip the youth with the skills in designing and planning projects for
enterprise development.
ll. To enable the youth to set up and successfully run micro-enterprises of their
own in conformity with local skills and demands for goods and services.
mm. To help the unemployed youth with management skills. To
channelize youth energies for effective participation in nation-building
activities.
nn. To Project and recognize the activities and contributions made by youth in
various fields of national development; so that youth having regard to its
preferences and needs, may choose from among various options when it
wishes to fulfill its intellectual urges and aspirations.
oo. To Enable the youth to receive education and knowledge about Indian
culture, freedom struggle, Constitution of India, Five Year Plans,
Panchayati Raj and schemes for weaker sections, protection of
environment, population stabilization and the latest developments taking
place in the field of art, culture, education, agriculture, industry and science
& technology.
pp. To make the youth aware of existing developmental agencies/ organizations
working in the fields of education, art and culture, agriculture, social
welfare, labour, industry/rural development, tourism, environment, etc. in
the country.
qq. To promote increasing national understanding amongst youth, to motivate
the youth to develop qualities of leadership, character, comradeship and
involvement in decision making process.
rr. To provide an outlet to the youth to display their skills and creativity in
various fields.
ss. To operationally schemes to meet the urgent need for stimulating action for
development and empowerment of adolescents, particularly from the
economically and socially neglected/backward sections of trust.
tt. To build and develop an environment which recognizes the special needs
and promise of the adolescents in the country and provides for adolescent
friendly services.
uu. To serve the local area and community through the IT development
programs. To produce free guidance for technical network system and
reduce the remote areas Linkage.
vv. All the incomes, earnings, movable Immovable properties of the trust shall
be solely utilized and applied towards the promotion of itsaims and objects
only as set forth in this Memorandum and no profit on there of shall be paid
or transferred directly or indirectly by way of dividends, bonus, profits or to
any person claiming through any one more of the present of the past
members. No Member of the trust shall have any personal claim on any
moveable or immoveable properties of the trust of make any profit
whatsoever, by virtue of this membership.
5. If any one or more of the objects specified in clause-3 of the present trust are
held not to be object of a public charitable nature, the trustees shall not carry
out such object or objects, as if the same are not incorporated in this trust but
the validity of the trust created by these presents, as a trust for public charitable
purposes shall not be affected in any manner.
6. The financial year of the trust shall be ended on 31st March every year unless
the board of trustees changes the same. The first financial year of the trust shall
be since incaption and ended 31st March of the year.
7. The trustees shall from time to time, after meeting the expenses, for
incidental to the management of the trust properties and the trust decide the
particulars object/s, for which the income of corpus of the trust fund or
properties for the time being available shall be applied.
8. The trustees may accept any donation, copusdonation or contribution in cash
or in kind from any person, company, corporation, association, institution, or
trust (including the settlor or the trustees or any of them) and from the other
country/out of India for the furtherance of the objects of the trust, for any one
or more of them, upon such terms and conditions as they may in their absolute
discretion think fit and which are not inconsistent with the objects of the trust.
The trustee may also take over the management of any other charitable or
public institutions on such terms as they think fit and may manage such
institutions.
9. Without affecting the generality of powers and function of the trustees to
manage and administrator of the trust, the board of trustees shall have the
following powers and function:
i) to arrange for and /or authorize for signing jointly or execution of any
agreement, contract instrument, document or any other power or writing
required to be signed or executed on behalf of the trustees and to be nominated
in this behalf by the board of trustees and 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.
ii) to authorize any one or more trustees to hold any property of any
fund or any investment of the trust, subject to such terms and conditions, rules
and regulations, as the board of trustees may from time to time think fit and
proper.
iii) to borrow, if need, against the security of the assets of the trust by
way of bank overdrafts, loan or otherwise, as may be necessary, for the benefit
of the trust and for more effectively carrying out the objects of the trust,
provided, however the trustees unanimously agree on such borrowing and
limited to terms of their decision of arrangement and to authorize two or more
of the trustees to execute such documents, deeds, papers etc. as may be
necessary in connection therewith.
iv) to appoint or make provisions for the appointment of a sub-
committee /s trustees and /or others to attend or supervise or conduct specified
jobs or functions or trust matters in such manner and subject to such rules and
regulations as the trustees may prescribe would be fully empowered to change
the composition of the sub-committee/s in such manner as they deem fit.
v) to spend any portion of the corpus of income other trust fund for
purchasing any land and/or constructing any building/s for and in the name of
the trust for the purpose of carrying out, promoting and/or scrutinizing any or
all of the objects of the trust.
10. The trustees may invest the trust funds/estate as per section 11(5) of
[Link], amended up to date in a manner as allowed by law, as may be in force
from time to time.
11. The trustees shall cause true and accurate accounts to be kept of all money
received and spend on all such matters in respect thereof in course of
management of trust properties or in relating to the carrying out of the objects
and purpose of the trust, as well as of all the assets, credits and effects of the
trust properties.
12. If the income from the trust property in a particular year is not fully
utilized, the unspent income subject to the applicable provisions of the Income
Tax Act,1961, shall be carried over to the next year or years in accordance with
applicable provisions of the act and spend in such subsequent year or years for
the advancement of any of the object of the trust.
13. The trustees shall be at liberty to sell such properties or portions of the
movable or immovable properties forming part of the trust estate on such terms
and conditions as the trustees may deem fit for benefit of the trust.
14. To open an account or accounts with any scheduled bank/s, to operate such
account or accounts whether in debit or in credit and to give all appropriate
instructions to the banker/s concerning the operation of such accounts and to
authorize by appropriate resolutions one or more of the trustees (jointly if more
than one), as appointed by board of trustees, in this behalf to operate such
account/s.
15. The trustees may pay all charges and cut those payable/payments in respect
of any immovable property for the time being forming part of the trust fund and
may carry out repairs required to be done to the same and keep the same
insured against loss or damage by fire and may incur all other costs, charges
and expenses incidental to the administration and management of the trust
estate and the properties in their absolute discretion think fit.
16. The trustees may manage or supervise the management of any lands and
premises for the time being comprised in the trust estate or any part thereof
with power to erect, pull down, rebuild, add to, alter and repair houses and
other buildings and to build drain, make roads and fences and otherwise to
improve and develop and to cultivate or cause to be cultivated all of any of the
said lands and premises and to insured houses and buildings against loss or
damage by fire and /or other risks or to let lease, make allowances to and
arrangement with tenants, agriculturists and generally to deal with the said
lands and premises as they may deem fit in their absolute discretion.
17. The trustees may appoint secretaries, manager, lawyers, solicitors, auditors,
architects, engineers, surveyors, or the employees for the purpose of
management and supervision of the trust estate, for collection of rents, effects
and profits, for keeping the accounts and for other purpose of the trust.
18. The trustees may establish office or offices of the trust, at such place/s and
may change such places from time to time as they may think fit.
19. The trustees may demise the immovable property/s for the time being and
from time to time belonging to the trust either from year to year or for any
fixed term or for any term of years or on monthly tenancies, at such rent and
subject to such convents and conditions as they may think proper and also
accept surrenders of lease and tenancies and generally manage the same in such
manner as they think proper.
20. The trustees shall have full power to compromise or compound all actions,
suits and other proceedings and settle differences and disputes touching the
trust estate and / or the trust properties and to refer any such differences or
disputes to arbitration and to adjust and settle all properties and to do all other
acts and things fully and effectual without being liable or answerable for any
bonifide loss occasioned thereby.
21. The trustees may join, co-operate and amalgamate the trust of these
presents or any portion thereof with any trust of institution having allied and/or
similar objects upon such terms, as they may in their absolute discretion think
fit.
22. The trustees may from time to time frame schemes, rules and regulations to
carry out the objects of the trust and for managing the affairs of the trust and to
vary the same from time to time, as the trustees may in their discretion deem fit
and proper.
23. The receipts may be issued by the trustees by one or more of them for any
money, stock, funds, shares securities or investment paid, delivered or
transferred to them in exercise of trust or powers thereof shall effectual release
and discharge the person/s paying, delivering or transferring the same from
seeing or from being bound to see the application thereof or being answerable
for the loss or misapplication thereof.
24. All the trustees shall unless they voluntarily resign or otherwise decided to
continue to be the trustees during the term of their lives.
25. The trustees shall be entitled at their discretion from time to time start,
discontinue, abolish and restart any charity or charitable institution, to impose
any condition/s to any subscriptions or donation made by them and to earmark
any portion of the trust property or income for any particular object/s.
26. The trustees may reimburse themselves and pay and discharge out of the
trust fund all expenses incurred by them in or about the execution of the trust or
any of their duties under these presents including reasonable traveling
expenses, but will not be entitled for ay remuneration.
27. Any trustees may retire at any time without assigning any reason and
without being responsible for any cost occasioned by retirement.
28. The surviving or continuing trustees may notwithstanding any vacancy in
their body act as trustees PROVIDED HOWEVER that if the number of
trustees shall fall below two the minimum fixed by these presents the trustees
shall not (except for the purpose of filling any vacancy) act so long as the
number is below the said minimum.
29. The number of trustees shall not be less than two and not more than eleven.
30. Two trustees shall form quorum for any meeting of the trustees.
31. The number of trustees for the time being shall elect amongst them one
chairman and he/she shall hold the office for three years, unless he/she resigns
or refuses to act as chairman or otherwise ceases to be trustees.
32. In case of difference of opinion among the trustees the opinion of the
majority shall prevail and if the trustees are equally divided in any matter, the
chairman shall have a casting vote.
33. All proceedings, questions and matters arising at the meeting, of the
trustees shall be decided by a majority of votes and in case of equality of votes,
the chairman shall have a casting vote PROVIDED HOWEVER that
notwithstanding anything herein stated no question dealing with the disposal of
the corpus of any of the trust properties and/or no question regarding
acquisition of any properties and/or investment out of the trust corpus shall be
decided except with the consent of the chairman of the trust.
34. A resolution in writing circulated amongst all the trustees and signed by a
majority shall prevail and if the trustees are equally divided in any matter, the
chairman shall have a casting vote.
35. Notice of the meeting of the trustees and all communications may be sent to
the trustees at their addresses registered for the time being in the record of the
trust.
36. All meeting of the trust shall be held at such place and at such place and at
such time as the chairman of the trust shall decide from time to time.
37. A trustee, who is enable to be present at a meeting of the trustees, may send
his views on the agenda in writing and such expression of opinion shall be
taken to be his vote on the matters concerned.
38. The minutes shall be entered in a book to be kept for that purpose and
signed by the chairman of such meeting or of the following meeting, when they
are read over and shall, when so entered and signed, to be conclusive evidence
of the business and other matters transacted at such meeting.
39. No person being-
a) any un-discharged insolvent,
b) convicted of an offence involving moral turpitude
c) unsound mind or
d) a minor,
shall be eligible to be trustee.
40. The said trust shall be and remain irrevocable for all time and settler does
hereby also release, relinquish, disclaim, surrender and determine all their
rights, titles, interest of power in the said trust fund.
[Link] to the provisions of these present the board of trustees shall have the
power to frame rules and regulations for the administration and management of
the trust of these presents and all matters incidental to concerning the same and
such rules and regulations may be amended, altered, replaced or revised from
time to time in such manner as the board of trusts may consider expedient,
PROVIDED that such rules and regulationsshall not be repugnant to or
inconsistent with the provisions or performance of the trust hereof.
42. It is expressly declared that no part of the trust property or its income or
trust fund shall be applied or for any purpose which is not a public charitable
purpose in law and all provisions hereof shall be constructed accordingly.
43. All the surplus assets/funds after satisfaction of all the debts and liabilities
whatever shall not be paid or distributed among the trustees of the trust or any
of them. But the same shall be given to some other society or institution having
similar objects to be determined by the trustees present personally at the time
of dissolution.
44. All the surplus/un-utilized funds of the trust will be kept /utilized in the
manner prescribed as per Income Tax Act,1961.
45. To accept donation, contributions gifts and or other grant –in-aid either in
money or in kind
[Link] board of trustees shall be entitled to sue in the name of trust and may
similarly be sued in the name of turst.
47. To apply and get registered under sec 80G, 12 A of the income tax act.
48. To open account in the name of trust and regular accounts will be
maintained relating to all receipts payments income expenditure and any
property or liabilities relating to the trust further the accounts of the trust will
be audited by a qualified accountant.
In witness whereof the settlor has executed this deed on the day, month and
year first hereinabove written.
WITNESS:
1.
SETTLOR
2.
