Professional Documents
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Deed of Amendment
Deed of Amendment
Deed of Amendment
OF
WHEREAS the party hereto of the first part is possessed of the sum of
Rs. 5,000/- (Rs. Five thousand only) AND WHEREAS each of the parties hereto
of the “Other Part” has individually and jointly has agreed to act as Trustees of
the Trust, proposed by the party of the first part.
AND WHEREAS nothing contained in this deed shall be deemed to authorize the
trustees to do any act which may in any way be construed statutory modifications
thereof and all activities of the trust shall be carried out with a view to work on the
principle as enshrined in the ‘Fundamental Duties’ Article 51A(g) of the Indian
Constitution – to protect and improve the natural environment including forests,
lakes, rivers and wildlife and to have compassion for living creatures and benefit
the public at large, without any profit motive and in accordance with the
provisions of the Income-tax Act, 1961 or any statutory modification thereof.
1. SETTLEMENT
The party of the first part, the settlor, does hereby settle the sum of Rs. 5,000/-
(Rs. Five thousand only) in the Trust, with the name and for the objects
hereinafter stated, by delivering the said amount in cash which the party of the
other part, the Trustees, have accepted the receipt of which they do hereby
acknowledge, to hold the same in and to the Trustees with the powers and
obligations as provided hereinafter.
2. NAME
3. PLACE
The principal office of the Trust shall be situated at: C/o. Pradeep R. Kharivale,
403 Hari Om Plaza, R.H.B. Rd., Nr. Bank of Baroda, Mulund(W),
Mumbai-400080 or such other place as the Trustees may decide from time to
time. The Trust may also carry on its work at any other place or places, as
decided by the Trustees.
1) The Trust shall strive to preserve, conserve, protect and rejuvenate all
natural areas and biodiversity hot spots from all or any kind of degradation
and damage, as far as possible within the resources available, and in case
of any shortfall, to endeavour to collect funds and manpower from other
sources to attain the goal.
3) To assist the government and its various departments, including forest and
wildlife officials, and various law enforcement agencies involved in
protecting the forests, lakes, rivers and ecology in general from natural as
well as unnatural threats, as enshrined in the ‘Fundamental Duties’ Article
51A(g) of the Constitution of India.
5) To provide guidance, promote products and ideas for achieving the goals
of sustainable development, for example; promoting and providing solar
panels, solar lighting instruments to individuals and organizations; creating
awareness about ‘dry and wet’ garbage segregation methods, use of water
treatment plants, bio fertilizer, and any other such green technology based
products, methods and applications.
B. Educational –
10) To assist, help and support any such educational or other institutions
including government/non-government organizations, trusts and voluntary
organizations which orients, helps and fulfils the cause and objects of this
trust.
11) To carry out nature treks, nature trail, and hold or conduct seminars,
lectures, discussions-forums, debates and to organize conference’s or
media/press meets on matters of policies and public importance for
creating general awareness about the ecology, environment and
sustainable development.
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C. Medical –
5. FUNDS
b) The Trustees may also borrow or raise money with or without securities or
the security of a mortgage, charge or hypothecation or pledge, charge over
all or any immovable or movable properties of the TRUST, if any or in any
other manner lawful manner.
6. INVESTMENTS
i. All monies, which shall not immediately be required for current needs shall
be invested by the Trust in eligible securities and investments, or in banks.
Such investments shall be in the name of Trust or Trustees.
ii. That the trust shall invest the trust fund, carry on any business with the
trust fund and/or enter into partnership on behalf of the trust, as they may
deem fit.
iii. That the trustees shall manage the trust fund and investments thereof as a
prudent man would do the same. They shall recover all outstanding and
meet all recurring and other expenses incurred in the upkeep or
management of funds thereof.
iv. That the trustees shall receive and hold the income of the trust on behalf
and for the benefit of the beneficiaries under the trust.
vi. The funds/property of the trust shall be used only for the objectives of the
Trust.
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i. To manage all the assets and/or properties of the trust including the
conduct of business;
iv. To invest the funds of the trust, in bank or in the purchase of company
shares or securities or other movable and immovable properties;
vii. To open the bank accounts in the name and on behalf of the trust and to
operate the same;
viii. To enter into a partnership on behalf of the trust with any other party or
parties; who subscribe to the statement of faith and practice and objects of
the Trust.
ix. To pay all charges, impositions and other outgoings payable in respect of
the trust properties and also to pay all cost of the incidental to the
administration and management of the trust properties;
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x. To file suit on behalf of the trust and to refer to arbitration all actions
proceedings and disputes touching the trust properties and to compromise
and compound the suits filed;
xv. The Trustees will have all powers to do all such lawful activities or steps
as may be incidental or conducive to the attainment of its objects in India
and abroad.
xvi. All and each Trustee shall have equal powers while deciding and voting
during a Board meeting. In case there is no consensus, the Chairman or
Managing Trustee shall have a separate deciding vote in case of a tie.
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i. The number of the trustees shall not be less than two but not more than
five.
ii. In case of any difference between the trustees, the opinion of the majority
shall prevail.
iii. No trustee shall be responsible or liable for any loss or any act of omission
or commission by his constituted attorney or agent or employees or other
trustees unless occasioned by his willful neglect or default.
iv. Any of the trustees may retire on giving three months notice in writing to
the other trustee(s), and after being accepted by majority.
vi. If at any time the number of the trustees is less than two, the existing
trustee shall appoint one or more trustees.
vii. Upon the appointment of a new trustee the trust properties shall vest in
the new trustee jointly with the continuing or surviving trustees, with the
duties and power of the trustees set out hereinabove in this deed.
viii. If the trust is determined by efflux of time, the corpus of the trust shall be
divided amongst the beneficiaries in the shares as fixed by the trustees,
subject to the approval of the Charity Commissioner.
ix. A Board meeting shall have a minimum of three trustees for quorum but
with the exception that if the third is unavailable due to sickness only than
the Board can meet with two members only, provided the third member
accepts the notice and agrees for such meeting to take place.
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x. All Board meeting shall be minuted in a register and signed by all present
in the next meeting.
xi. The Board shall meet at least once a month or any number of times to
deal and manage the objects of the trust and its daily activities.
xii. Annual Board Meeting shall be convened and held on or before 31st May
in each calendar year at such place and at such date and time as shall be
decided by the Managing Trustee or Chairman, with adequate period of
notice not less than 14 days in advance.
xiii. The AGM shall place on records all financial statements, reports and
activities of the Trusts conducted and undertaken in the last year and shall
be kept in the records of the Trust.
xiv. The beneficiaries are a section of public and not specific individuals.
9. BANKING ACCOUNT
All income, subscription and pecuniary donations for the general purposes
of the Trust and the income, investments and all other moneys from time
to time forming part of the general revenue of the Trust shall on the same
being received be paid into a banking account with any scheduled bank
for the purpose of the Trust. The bank accounts shall be operated by the
Managing Trustee along with any one of the remaining Trustees.
The Trustee shall keep proper books of account of all the assets, liabilities
and income and expenditure of the Trust and shall prepare an Income and
Expenditure Account and Balance Sheet for every year as on the last day
of March.
11. IRREVOCABLE
12. AMALGAMATION
The trustees may amalgamate the trust with another Charitable Trust or
Institution having similar objects with prior permission of the Charity
Commissioner/Court/any other law as may be applicable for the time
being.
13. WINDING UP
The Trustees shall be indemnified against all losses and liabilities incurred
by them in the execution of the Trust and shall have a lien over the funds
and properties of the Trust for such indemnity.
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IN WITNESS WHEREOF, The Parties hereunto have signed and delivered the
presents on the day and year first hereinabove written.
Sign: _________________
Shri. Deenanath S. Kamath
Sign: _________________
Smt. Thelma Mohare
CASH RECEIPT