Trust Deed

TRUST DEED

 

CARITY FOUNDATION

At/po: Polasara, Dist: Ganjam, State: Odisha, PIN- 761105

 

This deed of trust is made and executed as per the Indian Trust Act 1882 on this day of 19th May 2022 at Bhubaneswar in the state of Odisha.

 

BETWEEN

 

1. Mr. Rabinarayan Hotta. S/o- Late Shri Biswanath Hotta aged about 43 years, profession: Teachership and Social Service At/Po- Chadhiapadakrushnadaspur, Kalamba, Dist- Ganjam, Odisha, PIN-761105, at present At- Plot No-08, Budhha Nagar, Bhubaneswar, Dist-Khurda, Odisha, PIN-761105. (Mobile No: 9040315935, Aadhaar No. 3966 4964 2760) hereinafter called the SETTLER, which expression shall, unless repugnant to the context or meaning thereof, mean and include his heirs, executors, administrators, and assignees in office, THE FIRST PART.

 

WHEREAS:

 

2. Mr. Amitabha Misra, Age: 50, S/o - Jadunatha Misra, Address: At- Gayatri Nagar, Po- Polasara, Dist- Ganjam, Odisha, 761105, Profession: Teachership & Social Service

 

3. Mr. Antarjyami Rauta, Age: 40, S/o- Balaram Rauta, Address: At - Kuananda, Po- Khanduru, Via – Polasara, Dist: Ganjam, Odisha, 761105, Profession - Teachership & Social Service

 

 

4. Mr. B. Syamababu Patra, Age: 37, S/o - B Ramarao Patra, Address: At - Nua Sahi, Po – Polasara, Dist - Ganjam, Odisha, PIN - 761105, Profession: Teachership & Social Service

 

5. Mr. Bhagaban Gouda, Age: 36, S/o- Mochiram Gouda, Address: At - Ranipada, Po- Polasara, Dist- Ganjam, Odisha, 761105, Profession: Teachership & Social Service

 

6. Mr. Priyabrata Behera, Age: 38, 

S/o - Durgamadhab Behera, Address: At - Ranipada, Po - Polasara, Dist - Ganjam, Odisha, 761105, Profession - Teachership & Social Service

 

7. Mr. Radha Madhab Pradhan, Age:51, S/o - Haribandhu Pradhan, Address: At - Ranipada, Po - Polasara, Dist - Ganjam, Odisha,761105, Profession: Teachership & Social Service

 

8. Mr. Rajat Kumar Sahu, Age: 30, S/o - Sudarsan Sahu, Address: At - Manasila,Po - Belagam, Dist - Ganjam, Odisha,761105, Profession: Teachership & Social Service

 

9. Mr. S. Tripati Balaji Patra, Age: 45, S/o- S. Gangadhar Patra, Address: At - Gopabandhu Sahi, Po - Polasara, Dist - Ganjam, Odisha,761105, Profession: Business & Social Service

 

10. Mr. Subhakanta Sahu, Age:39, S/o-Bhobani Sahu, Address: At - Deulapalli, Po - Kalamba, Via - Polasara, Dist - Ganjam, Odisha, 761105, Profession: Teachership & Social Service

 

11. Mr. Susanta Kumar Pradhan, Age: 39, S/o - Kapila Pradhan, Address: At/Po - Khanduru, Via - Polasara, Dist - Ganjam, Odisha, 761105, Profession: Private Job & Social Service

 

Herein jointly called Founder Trustees, THE OTHER PART. 

WHEREAS the settler desires to establish a Trust, which is non-political, non-profitable, to realize the objectives of Health, Education, Community welfare, and other charitable activities for public interest under the Trust.

The settler has delivered and made over to the Trustees a sum of Rs 5,000/- (Rupees five thousand) only and vest the same as Trust Fund for charitable objectives and purposes.

INTERPRETATION:

 

The Rules of the Trust shall be interpreted in pursuance with provisions of the Indian Trust Act 1882. In this deed whenever and wherever the context so requires or admits the following expression shall have the meaning namely:

 

a) The Trust shall mean the CARITY FOUNDATION,    office of the Trust shall be situated at present at Polasara, Dist- Ganjam, Odisha, PIN- 761105, which may be shifted to such place or places as the Trustees may deem fit, and proper at their discretion.

 

b) The Board of Trustees shall mean all the Trustees as its member from whom one will be Managing Trustee-cum-Chairman, who will be empowered to act as the Chief Executive to manage and administer the Trust constituted under, subject to overall superintendence of the Board of Trustees. As decided unanimously Mr. Rabinarayan Hotta will be the first and lifetime Managing Trustee-cum-Chairman of the Trust.

 

c) “Year” means the financial year commencing on the 1st of April and terminating on the 31st of March of the following calendar year.

 

NUMBER OF TRUSTEES

 

The total number of Trustees shall be neither less than 11 nor more than 15. The Trustees other than the Founder Trustees shall be inducted with a resolution passed by the Trust Board.

 

The tenure of the governing body is three years except for the chairman. Every three years, the chairman will select the executive members from amongst the general body. 

 

DESIGNATION OF TRUSTEES

 

The Trustees mentioned above have been designated as follows:

 

1. Chairman, Mr. Rabinarayan Hotta

2. Vice-Chairman, Mr. Amitabha Misra

3. Secretary, Mr. Radha Madhab Pradhan

4. Joint Secretary, Mr. Subhakanta Sahu

5. Treasurer, Mr. Bhagaban Gouda

6. Executive Member, Mr. Antarjyami Rauta

7. Executive Member, Mr. B Syamababu Patra

8. Executive Member, Mr. Priyabrata Behera

9. Executive Member, Mr. Rajat Kumar Sahu

10. Executive Member, Mr. S. Tripati Balaji Patra

11. Executive Member, Mr. Susanta Kumar Pradhan

 

AIMS & OBJECTIVES OF THE TRUST

 

NAME & ADDRESS OF THE TRUST: Carity Foundation, 

At/Po- Polasara, Dist- Ganjam, Odisha, PIN- 761105.

 

Area of Operation: The area of operation of the Trust shall be all over India.

 

Aim & Objectives: The Trust without prejudice to provisions laid down in the Indian Trust Act-1882 shall have the following objectives.

 

The main objectives to be pursued by the Trust are:

 

To provide financial assistance (limited in nature) to the poor

 

1. who have various health issues and cannot afford the treatment and other associated costs.

2. who have been hospitalized for any health issues or accidents and dire need of money.

 

 

Objectives ancillary to main objectives:

 

1. To provide medical equipment or supportive equipment to physically-challenged persons like tri-cycles, Braille books, hearing aids, etc.

2. To undertake other health-care activities like organizing health camps in the areas where basic healthcare facilities are not available. 

3. To create awareness among people regarding various community diseases and diseases like Cancer, Cardiovascular diseases, Coronavirus disease, Diabetes Mellitus, Respiratory diseases, or any disease that is predominantly existed in the particular region. 

4. To run a special scholarship program in the name of the Trust to provide a certain amount of cash assistance to the poor students (aged between 14 to 18) to help them to continue with their education. 

5. To undertake plantation programs in selected areas to make our environment eco-friendly. 

6. To take up various community development activities as the Trust shall deem to undertake and resolute for the betterment of the society. 

 

Donations & Grants:

 

The Trust shall receive donations, in cash & kind, from its members as well as from other sources including the central & state governments' grants, public & private institutions, corporate houses, banks, Non-Government Organizations, Trusts & any other organizations or people via cheque or online mode only. 

 

The details of the donation received and payouts will be updated monthly. 

MANAGEMENT

 

And whereas the management of the Trust runs by the Trust Board jointly by the Trustees shall select from amongst them one Chairman and other office bearers as mentioned.

 

Duties of Chairman-Cum-Managing Trustee

1. He is the Chief Functionary of the Trust.

2. He shall have control over all administrative and management of the Trust.

3. He shall preside over the Board meeting.

4. He shall sign all documents on behalf of the Trust.

5. He is responsible for leading the Board in the practice of good governance.

6. He shall appoint staff members and take action against the staff members in case of need. 

7. In case of any dispute, his decision is final and binding.

8. He shall appoint different committees of the Trust.

 

Duties of Vice-Chairman

1. Preside over the meetings in absence of the Chairman.

2. Act as the Public Relations Officer of the Trust.

3. Supervise social activities.

4. Publish news items in the newspapers about the developmental activities of the Trust.

5. Arrange various meetings.

Duties of Secretary

1. Place before the Board, the financial position of the Trust.

2. Get the accounts audited every year by a qualified Auditor.

3. Prepare and present Annual Reports of the activities of the Trust.

4. Be in charge of records and correspondence.

5. Record and keep minutes of the proceedings of the meetings.

 

Duties of Joint-Secretary

1. Assist the Secretary in preparing Annual Activity Reports of the Trust.

2. Assist in organizing social and cultural activities.

3. Perform the duties of the Secretary in absence of the Secretary.

4. Enroll new members of the Trust.

 

Duties of Treasurer

1. Assist the Secretary in preparing the Audit Report of the Trust.

2. Keep records of the financial transactions and the books of accounts.

3. He will keep financial records of the Trust.

 

General Conditions:

 

Transparency 

 

The Trust has a dedicated WhatsApp group and also a website where all the financial and non-financial data of the Trust is updated regularly. The donors along with other eligible entities can access the data online anytime. 

 

Beneficiary Payout Process:

1. At the end of each month, the executive members of the Trust will meet to finalize the beneficiaries of the month, based on the seriousness of the case. The opinion of the majority in this regard will be final. 

2. The Trust will collect beforehand the following documents of the provisional beneficiaries.

a.      KYC documents: Xerox copy of Aadhaar, a passport-sized photo, & mobile number (self, guardian, relative, or neighbor)

b.     BPL card: BPL Card or any other supportive document to prove that he or she belongs to the poor section of society. 

c.      Medical documents: In medical ground payouts, the Trust will collect medical documents where the name of the disease, the name of the doctor, and the name of the medical institute are clear along with the documents mentioned in sections (a) & (b)

d.     Educational Institute ID: In the case of cash assistance to the poor students to pursue their higher studies, the Trust needs a school or college ID along with the documents mentioned in sections (a) & (b)

e.      Disability Certificate: To provide medical equipment assistance to the physically-challenged persons, the Trust will collect a disability certificate along with the documents mentioned in sections (a) & (b)

3. The payouts will be in the form of direct account transfer or cheque only. No cash transactions are allowed. 

4. Further, a payment receipt must be collected and kept for future reference.

5. A unique beneficiary ID must be created and maintained for smooth operation and future reference.  

 

Operational Cost Management

 

The Trust executive members along with other designated persons shall work on a ‘No Remuneration Basis’ but in case of official works undertaken by the members of the Carity Foundation, the actual expenses incurred by the members will be reimbursed. The Carity Foundation shall recruit various staff to carry out different office jobs. They are required to be paid. In addition to that, there are a few administrative expenses e.g. audit, legal & regulatory compliances, counseling fees, etc. that cannot be avoided. 

 

To meet such expenses, the Trust shall keep aside a certain percentage of the donation amount and set a target corpus to meet these future expenses. Initially, the percentage is fixed at 5% and the corpus is Rs 50,000. However, it will change from time to time according to the fund requirements of the trust. 

 

MEETINGS

 

The Trust Board shall meet once every three months, and the general body will meet once every six months to deal with developments of the Trust. The Chairman can call emergency meetings at the time of need. The presence of 2/3rd members shall constitute a quorum for the meeting. All the decisions of the Trust shall be taken by majority members. In case of any discrepancies, the decision of the Chairman is final & binding.

 

A person shall cease to be a Trustee either:

a) If any Trustee acts beyond or against the aims, objectives, and guidelines of the Trust.

b) If he/she without leave does not attend three consecutive meetings of the Trust.

c) If he/she resigns. Every trustee will be at liberty to resign on giving one month’s notice.

d) If he/she becomes otherwise incapable or insane.

 

ACCOUNTS

 

The accounts of the Trust shall be maintained regularly. The accounts shall be duly audited by a Chartered Accountant every year.

An account of the Trust shall be opened in any Nationalized Banks/Private Banks by the Chairman & the Secretary jointly. The Cash withdrawal from the account will be done by bank cheque jointly signed by the Chairman and the Secretary. The bank account will also have a net banking facility which the Chairman will solely operate.

 

The funds and income of the Trust shall be solely utilized for the achievement of the objectives of the Trust and no payment shall be made to the Trustee/members by way of profit/interest/dividends. 

 

o Benefits of the Trust are open to all irrespective of caste creed and religion.

o The Trust shall accept donations, contributions, grants, and subscriptions from donor members and also from all types of Institutions, Central and State governments, Corporates, Companies, Banks, and others.

o The Chairman is in charge of the finance of the Trust. He has unlimited finance powers to incur necessary expenditures for the furtherance of the aim and objectives of the Trust.

 

ADVISORY BOARD

The Board of Trustees may appoint experts and advisors and secure their services and advice for the benefit of the Trust.

 

IRREVOCABILITY

The Trust Carity Foundation shall be irrevocable.

 

AREA OF OPERATION

The area of operation of the Trust is limited to India. No activity of the Trust shall be carried out outside India.

 

Court of Jurisdiction

In case any dispute arises out of a legal matter, the Court's jurisdiction shall be at Bhubaneswar in the state of Odisha, India only.

 

DISSOLUTION

In the event of the above Trust being dissolved, it would open to the Trustees to transfer the property of the Trust in favor of similar Trusts having similar objectives and not to be disbursed amongst existing Trustees.

 

IN WITNESS WHEREOF, THE SETTLER HAS SIGNED THE TRUST DEED AFTER UNDERSTANDING THE CONTENTS OF THE SAME ON THIS DAY OF 19th MAY 2022 AS FIRST WRITTEN IN THE PRESENCE OF THE FOLLOWING WITNESSES.

 

 

Rabinarayan Hotta 

SIGNATURE OF THE SETTLER

NAME & ADDRESS OF WITNESSES

 

1) A. Beda Prakash Gupta, Bazar Sahi, Polasara, Ganjam, Odisha, 761105

 

 

 

2) Ratnakar Patra, Bhagabat Patana, Polasara, Ganjam, Odisha, 761105