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Scheme Draft NEW

This document outlines the scheme for "NANDANVAN" public trust registered in Pune, India. The trust was established to advance education through various means such as establishing schools, colleges, coaching classes and other educational institutions. It aims to promote education in many subjects from literature and arts to science, technology, agriculture and more. The trust properties are vested in the trustees to be administered according to the scheme, with the goal of utilizing funds and properties to benefit mankind through educational and social activities without distinction of caste, creed, sex or religion.
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0% found this document useful (0 votes)
2K views

Scheme Draft NEW

This document outlines the scheme for "NANDANVAN" public trust registered in Pune, India. The trust was established to advance education through various means such as establishing schools, colleges, coaching classes and other educational institutions. It aims to promote education in many subjects from literature and arts to science, technology, agriculture and more. The trust properties are vested in the trustees to be administered according to the scheme, with the goal of utilizing funds and properties to benefit mankind through educational and social activities without distinction of caste, creed, sex or religion.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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SCHEME

“NANDANVAN” P.T.R NO- E- 4575/Pune REGISTERED UNDER THE


PROVISIONS OF BOMBAY PUBLIC TRUSTS ACT, 1950 AT PUNE.
1. NAME AND REGISTRATION: -

This public Trust shall be designated and known by the name of


“NANDANVAN”. Said trust is registered vide registration no. E-4575/Pune at
Public Trusts Registration Office, Pune.

2. REGISTERED OFFICE OF THE TRUST: -

The registered office of said Trust shall be at:


_____________________________ or at such other place or places as the trustees
may from time to time decide. However it will be incumbent to report change in
address as per law.

3. THE OBJECTS OF THE TRUST: -

i. To advance literacy and general education in such subjects and fields as


the Trust may think fit, among the public.

ii. To establish, conduct, erect, equip and maintain towards establishment,


erection, equipment and maintenance of Colleges, schools, coaching
classes, technical and other training and educational institutes,
universities, deemed universities etc. in all or any subject or field and to
undertake other activities relating to education.

iii. Establishing and running and/or promoting educational institutions and


universities, deemed instructions / universities encouraging, promoting,
advancing and imparting literacy, education and training in literature,
arts, medicine, science, commerce, business, management, finance,
information technology, hospitality, agricultural crafts, history,
engineering, technology, agricultural technology and technical
education in all branches and other areas and branches in education and
Social Activities wherein students can gather, develop socially, discover
their capacity for success and obtain a lasting desire to help others
recognize their own potential.

iv. Imparting education of any kind establishment of international level


educational institutions such as international school, universal college
and pre-primary, primary, secondary, under-graduate, post-graduate,
doctoral level institutions, research centers, universities, covering
various disciplines of knowledge such as Arts, Science, Commerce,
Engineering & Technology, Bio-Information's, Medicines, Dentistry,
Ayurveda, Homeopathy, Yoga and Naturopathy, Physiotherapy,
Occupational therapy, Educational Homeopathy, Yoga and
Naturopathy, Physiotherapy, Occupational therapy, Educational, Sports
and Sporty medicine, Pharmacy, Management, library science,
Journalism, etc. in which the students from all the world can be enrolled
and imparted training, affiliate colleges and schools belonging to or
managed by other similar Educational Societies Local self-Governing
Bodies, for purpose of management and control.

v. To spread Education in General and impart instructions in any branch of


knowledge, wherever and whenever feasible. To instruct and implement
different Educational plans under taken by the Government for the rural
areas. To start experiment agricultural activities, to conduct printing
press and to give technical education to student

vi. To apply for recognition, affiliation, accreditation with any university,


government approved or recognized authority, instituted in India or
Foreign University or Institution.

vii. To award certificates, diploma, higher diploma, degree if approved by


Government and statutory authority on its own or with affiliation,
recognition accreditation with any university, government approved or
recognized authority, Institution in India or foreign university of
Institution.

viii. To assist the students by way of scholarship or by any other mode as the
Trust may deem fit.

ix. To make Endowments to different universities existing or which may


hereafter come into existence for the purpose of encouraging education.

x. To award scholarship and fellowships in case or in such other form on


such terms and conditions as the Trustees may think fit for the purpose
of undertaking, prosecuting and encouraging studies.

xi. To set up or help by endowments and awarding of scholarship and cash


payments to student and person desirous of receiving a primary,
secondary and /or research in any branch or branches of education in its
widest sense.

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.

xiv. To render financial help to students to enable them to purchase books


and other equipment’s necessary for their education.

xv. To receive grants, donation, assistance, aid in cash or kind from


government /semi government authority or agency or form any other
Trust, corporate body, institution individuals etc.

xvi. To give grants, donations, assistance, aid in cash to other trust,


institutions or needy persons.

xvii. To promote the art, science, commerce, medicine, engineering,


technology and all other subjects, branches of education or on any
subject of general interest or utility.

xviii. To publish books, periodicals, magazines and other literature in any


branch or area of education or on any subject of general interest or
utility.

xix. To co-operate with institutions and associations having similar aims and
objects.

xx. To felicitate the person/persons who contributed in the field of


education, art, science, culture, special services, politics or betterment
of general public or Trust.

xxi. To establish any fund to further the interest of the Trust.

xxii. Without distinction and irrespective of religion, caste or creed to carry


out any object of general public charity conducive to the attainment of
the objects of the Trust, maintenance and support of the schools,
educational institutions, hospitals, give educational grants and
assistance in advancement of learning in all its branches, establishing
research work in connection with medicine, literature, technology,
science, industrial problems or for providing funds for instituting and/or
starting professorships or lectureships or giving scholarships in any
branch of medicine, family planning, science, technology or commerce
or law, giving free aid to any charitable institutions, Trusts,
associations, organizations, etc.

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;

a. may purchase, take on lease or in exchange, hire or otherwise


acquire any movable property and sell or otherwise deal with the
same,

b. may purchase, take on lease, or in exchange, hire or otherwise


acquire any immovable property and build thereon, sell or otherwise
deal with the same, SUBJECT TO SECTION 36 OF THE
MAHARASHTRA PUBLIC TRUST ACT, 1950;

c. may raise money in such manner as maybe think fit, and in


particular, by the issue of debentures, perpetual or otherwise,
charged upon all or any of the Trust's property both present and
future, subject of provisions of M.P.T. Act, 1950.

4. THE PROPERTIES OF 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.

5. VESTING OF THE TRUST PROPERTY: -

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.

Further provided that, notwithstanding anything contained hereinabove, the


Trustees shall have an absolute power by deed indenture or such other
documents as may be necessary to delete any of the objects or provisions or any
other part of the aforesaid Trust which are found contrary to the concepts of
public charitable purposes or objects or outside the scope of the Indian Income
Tax Act, 1961, or any enactment, replacement or modification thereof and other
taxation law as may be applicable from time to time and enforced in India or the
provisions of any other law relating to the Public Charities in India.

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.

6. COMPOSITION OF BOARD OF TRUSTEES:-

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.

b. The Treasurer shall endeavor to get accounts balanced and


thereafter audited in time and shall endeavor to submit the same
before the trustee board for approval in the stipulated period.

c. It shall be the duty of the Treasurer to keep accounts of funds


including permanent, current and other funds and properties of the
Trust.
v. TRUSTEE: -
To help the office bearers in the administration of the trust.

8. MEMBERSHIP: -

i. MEMBERSHIP: -

The Trust shall consist of an unlimited number of general members


with the prior approval of board of trustees and receiving payment of a
“One - Time” amount of Rs. 10,000/- as a “Membership Subscription”
for membership from any employee appointed as regular or permanent
from all schools, colleges and institutions of the Trust OR any person
who willing to obtain the membership and preferred application for
getting the same with the said subscription fees shall be eligible to
become member of the Trust and have right to vote in election.

ii. CANCELLATION/DISQUALIFICATION OF MEMBERSHIP: -

The Board of Trustees shall have right to cease the membership on the
following reasons:-

a. The death of a member.

b. If Member Resigns or mentally disable to work.

c. If the member absents without prior permission of the board for any
three consecutive meetings of Trust.

d. If the Member resides abroad permanently.

e. If the member is convicted by competent court for any offence


involving moral turpitude.

f. If the members found to be adversely interested or working against


the aims and objects of the trust or causing harm to the trust in any
kind.

9. PROVISION FOR FILLING IN MID-TERM VACANCY OF


TRUSTEES: -

Whenever any trustee either original or substituted under this scheme


shall during the tenure of trusteeship dies or deserves to retire or resigns or
refuse or become incapable to act or take benefit of the insolvency laws or is
convicted of any criminal offence involving moral turpitude, the surviving or
continuing trustees can elect any other person/s to be trustee/s for the remaining
period in place of vacant post of trustee taking into consideration composition
of board of trustees as mentioned in this scheme. If there is no trustee or general
member remains in the trust to fill up the vacancy occurred in the board of
trustee then at that time board of trustees may appoint a fit person by vote of
majority to fill up the vacancy.

10. CONSENT OF NEW TRUSTEES TO ACT & THEIR POWERS: -

Every new trustee appointed as aforesaid with his consent previously


obtained in writing shall have the same powers, authorities and discretion and
shall in all respects acts as if he had been original appointed as trustee under the
scheme.

11. VESTING OF PROPERTY IN NEW TRUSTEES: -

So often as any new trustee/s shall be appointed as aforesaid, the trust


properties which for the time being are vested in surviving or continuing
trustees shall be vested, in such new trustee/s as the case may require. Provided
that, all the property of the trust shall stand in the name of Trust only not in the
name of any individual.

12. ALIENATION OF TRUST PROPERTY: -

Subject to section 36 of the Maharashtra Public Trusts Act, 1950, in case


of urgency or legal necessity, the board of trustees, only with the written
consent of the Board of Trustees in writing, will have authority and/or will be
empowered to sell, mortgage, alienate, exchange or gift any immovable
property of the trust.

13. MEETING OF BOARD OF TRUSTEES: -

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.

14. MEETING BY REQUISITION: -

The President or Secretary shall also call a meeting of the trustees on


requisition made to him in writing by any three of the trustees specifying the
purpose for which such meeting is desired to be held. In the event of no meeting
being called and held by the them within one week from the receipt by him of
such requisition, the requisitionists may themselves call a meeting. In the event
of there being no President, 2/3 trustees of existing board may at any time call a
meeting. The decisions taken by such meeting shall be binding on the board of
trustees.

15. NOTICE OF MEETING: -

Notice of every meeting shall be called by Secretary with the prior


consent of President. Such notice shall be delivered or sent through either by
post, E -mail, whatsapp, courier to each trustee at his address at least fifteen
(15) clear days before the date of meeting, provided that, in the event of the
trustee framing regulations prescribing some other mode giving notice, the
notice shall be in accordance with such regulations.

16. QUORUM: -

There shall be a quorum when at least ½ of the total strength of trustee is


present at any meeting of trustees or general body. If a quorum shall not have
assembled within half an hour after the time appointed for the meeting, the
meeting shall be adjourned and shall be held after that time. At such adjourned
meeting no quorum shall be necessary.

17. RESOLUTION BY MAJORITY: -

a) Every resolution or question submitted to a meeting shall be decided by


a majority of the members present at such meeting and voting on
question subject to the following exceptions.

i. On all matters involving financial expenditure or commitment by the


trust exceeding Rs. 1,00,000/-, a 2/3 rd majority of the board of
trustees shall be required.

ii. For spending on objects referred in this scheme, a 2/3rd majority of


board of trustees shall be required.
b) Each member shall have one vote but in the event of an equality of
votes, the President shall have a second or casting vote whether or not
he has previously voted on question. Any resolution of the trustees can
be rescinded or varied from time to time, by 2/3rd majority of board of
trustees but not earlier than six months from the date of its passing.

18. CIRCULAR/RESOLUTIONS: -

Any matter of business of a routine or formal or urgent nature may be


determined by circular resolution without a meeting of the trustees provided
that it is agreed by 2/3rd majority of the trustees such business matters
determined by circular shall be recorded at the next meeting of the board of
trustees. In case of difference of option, such question shall be dealt with at the
next meeting of the trustees.

19. MINUTE BOOK TO BE KEPT: -

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.

c. In case of difference of opinion at the time of confirmation of the


proceeding of a previous meeting, the minutes shall be confirmed
according to the sense of majority of trustees present at such previous
meeting.

d. Minutes of meeting shall be recorded and maintain by the Secretary of


the trust.

20. ACCOUNTS OF THE TRUST: -

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.

The trustees shall keep the books of accounts including:

1. Rough cash book wherein daily balance shall be struck.


2. Fair cash book

3. Ledger

4. Donations book containing entries in full particulars

5. Receipt book

6. Rent bill books

7. Books containing about tenants

8. A book containing list of jewelry, ornaments, gold, silver, utensils and


other articles of value with full particulars with present market value.

9. A book containing particulars of immovable properties

10. A book containing list of investments etc.

11. Balance sheet and statement of income and expenditure.

21. BANK ACCOUNTS & INVESTMENT OF TRUST FUNDS: -

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.

22. ENDOWMENT/ EARMARKED/GENERAL FUNDS:-

The various amounts of endowment/earmarked funds shall be


administered by board of trustees on the terms and conditions laid down by the
donors for the objects of the trust. Donations received for any specific corpus or
funds will be dealt with accordingly. Board of trustees shall have the power to
spend the corpus for the objects of the trust with prior sanction from the Board
of Trustee.

23. BORROWINGS AND ALIENATIONS: -

In case of urgency, emergency or legal necessity, board of trustees


have the authority and/or are empowered to sell, mortgage, exchange, gift or
otherwise deal with any immovable property and raise loans subject to
necessary pre-approvals and in accordance with the provisions of the M.P.T.
Act, 1950.

24. POWER TO EMPLOY SERVICES: -


The board of trustees shall have the power to employ servants or
employees as they may require for the management and administration of the
trust on such conditions laid down by themselves or as per statutory norms
fixed by the competent authority and as they may consider proper and shall
have power to suspend, dismiss, terminate any such servant or employee as they
may think fit and proper. Such decision must be taken by board of trustees
unanimously.

25. CUSTODY OF DOCUMENTS: -

The title deeds of immovable properties of the trust shall be kept by


board of trustees in safe at the trust premises or at some safe deposit vault of
repute.

26. ACCOUNTING YEAR: -

The accounting year of the trust shall be from 1st April to 31st March of
the year.

27. LEGAL MATTERS: -

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.

28. POWER TO CONSTITUTE SUB-COMMITTEES: -

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.

ii. Such sub-committees shall be headed by the trustees when required.


Some experts and consultants shall be appointed to head the sub-
committees whenever it is expedient to do so.

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.

29. FRAMING RULES: -

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.

30. POWER OF AMALGAMATION, DISSOLUTION 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.

31. LIABILITY OF THE TRUSTEES: -

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: -

In all such cases in which it is found necessary to amend this scheme or


any clauses thereof, board of trustees shall have the right under this scheme to
apply to the office of Charity Commissioner to amend the scheme after giving
notices to all concerned in that behalf as provided in section 50A of M.P.T. Act,
1950.

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 .

34. REFERENCE TO THE CHARITY COMMISSIONER IN CASE


OF DISPUTES: -

In all cases in which it is found necessary to seek advice or directions or if


any dispute arises about the interpretation or construction of any of the clauses
or provisions of the scheme, the board of trustees shall be entitled to refer the
matter to the Charity Commissioner whose decision shall be final and
conclusive.

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.

36. BENEFICIARIES ARE SECTION OF THE PUBLIC AND NOT


SPECIFIC INDIVIDUALS: -
Trust has a clause that the beneficiaries are a section of the public and not
specific individual.
37. APPLICATION OF INCOME AND TRUSTS FUNDS: -
The funds/property of Trust/Trust will be used only for the objectives of the
trust.
38. PROVISION FOR DISSOULTION OF THE TRUST AND
ADJUSTMENT OF ITS AFFAIRS: -

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.

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