Scheme Draft NEW
Scheme Draft NEW
viii. To assist the students by way of scholarship or by any other mode as the
Trust may deem fit.
xii. To pay tuition fees, Boarding and lodging fees to students and to supply
books to such student in such manner as the Trustee may decide.
xiii. To make monthly or other periodical or lump sum grants and
contributions for the advancement of education to educational
Institutions.
xix. To co-operate with institutions and associations having similar aims and
objects.
xxiii. To engage in any other lawful activity, which may conducive to the
promotion of any or all objects of the Trust.
xxiv. To collaborate with educational institutions and research institutions
with a view to achieve the objects of the Trust.
xxv. To undertake and carry out research and development activity in the
field of education, art, science, commerce and any other related field. In
such a manner that the income as well as the capital as well as the
corpus shall be applied only towards the objects and purposes as
aforesaid and any accumulation of income shall be made and deemed to
be made for application to such objects and purposes as aforesaid.
xxvi. For all or any of the aims and objects as aforesaid, the Trust;
The Trustees shall hold and stand possessed of the said Trust fund and
the shares, stocks, Securities and other properties movable and immovable into
which the said Trust fund may be converted or varied and all other assets of
properties which may be handed over to or vested in the Trustees as per clause
(5) hereof, together with all accretion thereto all such properties being
hereinafter refer to as “Trust Properties” shall be vested in the Trustees and
shall hold the same as per provisions contained in these present “upon the trust”
with and subject to powers and provisions hereinafter contained. The details of
the properties of the said Trust are as provided in the P. T. R. of the Trust and as
amended from time to time with the approval of the Board of Trustees.
The Trust properties shall vested in the Trustees for the time being under
the Scheme and shall be administered and managed by them subject to and in
conformity with the provisions of this Scheme. Provided that, without prejudice
to the generality of the foregoing objects of any of them the Trustees shall have
the power to spend, utilize and apply the Trust Properties and/or Funds for
similar objects beneficial to mankind as the Trustees may think proper it being
the preliminary object of the Trust that the income and/or corpus of the Trust
properties or Funds shall be utilized for all or any aforesaid objects and
purposes without any distinction as to caste, creed, sex or religion.
Provided that, every contribution by the Trustees to any other Trust, Trust or
institution having its sole object all or any of the aforesaid objects shall be
treated and deemed to be in furtherance and an achievement of the objects of
this Trust.
It shall be the duty of the Trustees to see that the immovable properties and
Investments belonging to the trust and from time to time vested in them are not
used for any political purpose or for any other purposes and/or inconsistent with
the aims and objects of the Trust.
The number of trustees shall not any time be less than FIVE (5) and
more than SEVEN (07) trustees.
7. OFFICE BEARERS:
i. PRESIDENT:
a. The President shall preside over all the meetings of the Trust and
shall have right of casting vote.
b. In case of receipt of requisition from the members regarding
convening the meeting, the President can direct the Secretary to
convene a Special Meeting.
c. To do all acts in order to promote the general welfare of the Trust.
ii. VICE-PRESIDENT:
Vice-President shall be authorized to perform all the duties and
responsibilities of the President in his absence.
iii. SECRETARY:
a. To convene all the meetings of the Trust.
b. The Secretary shall be the custodian of records of the trust and
shall represent the Trust in all matters, concerning administration
of the trust.
c. To call for inspection, at least once in a year and often, if
required, service books, leave accounts, dead stock registers,
account books, vouchers, general and other registers and records
of all the Trust's institutions.
d. To write minutes of the meetings of all the meetings and to
maintain the same properly.
e. To conduct all the official correspondence for and on behalf of the
Trust.
f. To be in charge of the Trust's office and all the things connected
therewith and to be the custodian of all the records of the Trust
including cash books and investments scripts and records relating
to the property and shall arrange for their safe custody.
g. To look to the upkeep of the Trust's buildings and grounds and
other properties.
h. To insure buildings and the properties of the Trust against theft,
risk of fire and lightening.
i. To maintain list of all the members of the Trust with their
addresses.
j. To perform such other duties as may, from time to time, be
assigned by the trustee board and/or as may be necessary to be
carried in the interest of the Trust.
iv. TREASURER: -
a. The Treasurer shall be primarily responsible for maintaining
proper accounts of the Trust and to get the same audited from the
statutory auditors appointed for that purpose.
8. MEMBERSHIP: -
i. MEMBERSHIP: -
The Board of Trustees shall have right to cease the membership on the
following reasons:-
c. If the member absents without prior permission of the board for any
three consecutive meetings of Trust.
i. The board of trustees shall hold at least one meeting every quarter
and this meeting shall be called the Board of Trustees Meeting.
ii. The trustees shall hold at least one meeting of general members of
the trust and such meetings shall be called Annual General Meeting.
iii. The trustees may also hold additional meetings of trustees or general
members and such meetings shall be called Special Meetings.
iv. Such ordinary and special meetings will be held at such time and
place as the President may determine and shall be called by Secretary
after consultation and consent of the President in writing. The
trustees or general members may forward the requisition of such
meeting to the President or Secretary of the trust to call special
meeting.
v. Any trustee remaining absent from three consecutive meetings
without leave of absence shall cease to be a trustee unless, he has
obtained such leave and had intimated the board accordingly.
16. QUORUM: -
18. CIRCULAR/RESOLUTIONS: -
a. A minute book shall be kept in which shall appear (i) a clear report of
the proceedings at each of the meeting of trustees (ii) a copy of each
circular on which a decision has been arrived at.
b. The minutes shall be read over to the trustees at the next meeting and
when confirmed, shall be signed by the president and secretary of such
meeting.
The trustees shall keep and maintain regular accounts every year of all
the receipts, movable and immovable properties, all encumbrances created and
all payments and alienations made and shall get the accounts audited by the
statutory auditor for the accounting year and shall submit the audited accounts
to the Charity Commissioner within the stipulated time and as per provisions of
the Maharashtra Public Trusts Act, 1950.
3. Ledger
5. Receipt book
The trust fund and the moneys shall be invested in accordance with
the provisions of section 35 of the M.P.T. Act, 1950 and Income Tax Act, 1961
and trustees shall not ordinarily keep on hand more than Rs, 5000/-. All
accounts shall be maintained in the name of trust. All the bank accounts shall be
operated jointly by secretary and one of the trustees as the President may decide
from time to time.
The accounting year of the trust shall be from 1st April to 31st March of
the year.
The trustees shall have power to take legal actions, file suits, complaints,
applications etc. in any civil, criminal courts or before any authority or
authorities in connection with the trust properties, administration and to settle or
compromise disputes in or out of court and to take such other steps as may be
necessary in that behalf and incur expenditure for the same from the trust funds.
i. The board of trustees shall have the power to set up or constitute the sub-
committees for specific work, wherever necessary, subject to consent of
president in writing. Such committees are needed to be formed as
necessity of statutory requirements of Government departments,
Universities for the proper management and administration of
educational, social, cultural branches conducted under the auspices of the
said trust. Fact finding committees and inquiry committees are also
required to be formed when some untoward incidents take place
unfortunately. Such committees shall be appointed, formed or
constituted by resolutions adopted in the meeting of board of trustees of
the trust. the members of such sub-committees shall be responsible and
accountable to the board of trustees of trust. when the appointed and
statutory tenure and specific work is over and after the submission of
report to the board of trustees, such sub-committees shall automatically
cease to exist.
iii. The president shall have power to constitute a committee from amongst
the existing trustees and/or of external experts in field of legal,
educational, audit etc. to hold an inquiry into the working of the Trust or
of any of its trustee or of any of its institutions or departments. Such
committee shall provide a report on such inquiry and shall take such
action as may be though necessary on the report of such inquiry with the
prior approval of the president.
The board of trustees shall have power to make such rules and
regulations as they think fit and proper for administration and carrying into
effect of the provisions of this scheme and to provide for the management of
trust properties from time to time and also alter any such rules and regulations
or to repeal any of them and substitute others in their place provided always
that, no such rules and regulations framed or subsequently amended shall in any
manner to inconsistent with any of this scheme or M.P.T. Act, 1950 or the rules
made there-under. Approval must be taken then after by the general members of
the trust.
The board of trustees shall agree and have power to amalgamate or enter
into any arrangement or scheme of amalgamation, reorganization reconstruction
of the trust with any other trust having identical or similar or altogether
different objects.
The trustees shall be respectively liable only for such moneys as they
shall actually receive not withstanding their signing any receipt or cheque for
the sake of conformity and shall not be answerable for the acts, receipts,
omissions, neglects and default of any other person with who or any other loss
unless the same happen through their own negligence, defaults, omissions,
breach of trust, misapplication or misconduct of misfeasance etc.
32. AMENDMENT OF THE SCHEME: -
33. REIMBURSEMENT: -
The trustee or trustees for the time being may reimburse themselves or
pay and discharge from out of the trust income, all expenses incurred in or
about the execution of the trusts or power under this scheme including the costs,
expenses and fees to be incurred and paid on a change of investment, expenses
of keeping and publishing the accounts of the trust properties, the legal
expenses etc. provided however that, this right of reimbursement shall not be
operative in case of the trustee who is held liable for loss caused to the said trust
by reason of his own acts of omissions or commissions, subject to previous
approval of the board of trustee .
35. IRREVOCABILITY: -
The cancellation of Trust is not possible after it going into effect is
known as an irrevocable trust. Control and Power on the asset of the Trust does
not remain with the members of the trust, hence it cannot be altered.
If for any reasons it is decided to dissolve the Trust, the provision of Act
shall be complied with. In the event of dissolution, the surplus asset/funds of
the Trust as would remain after discharging and all liabilities shall be
transferred to any other public Charitable Institutions/Trust having similar
objects and also registration U/s. 12 AA/12AB of Income Tax Act, 1961 and
the same shall not be distributed among the members.