TRUST DEED OF “LISSA” LIVELIHOOD TRUST FOR SUSTAINABLE SOCIAL ADVANCEMENT This Deed of Trust executed on this 19th March of 2009 BETWEEN Mr. Sanjeet Kumar S/o Sri Radha Krishn Prasad, by caste Hindu, by occupation social worker, resident of At+P.O.-Latehar, P.S.- Latehar, District-Latehar (Jharkhand) hereinafter called the Settler / Founder (which expression shall, unless excluded by or repugnant to the context be deemed to include his heirs, executors, administrators and representatives of one part; and present address : Argora, P.S. - Argora, District - Ranchi, Jharkhand. AND 1. Mr. Sushil Mishra S/o Late Surendra Mishra, by caste Brahman, by religion Hindu, by occupation social worker, resident of H.No. 07, Birsa Chowk, Doranda, District - Ranchi (Jharkhand). 2. Mr. Prakash Kumar Jha S/o Late V. N. Jha, by caste Hindu, by occupation social worker, resident of Sankalp, P. No. - 525/B, Road No. - 4, Ashok Nagar, Ranchi - 4 (Jharkhand).
1
The above are here in after jointly referred to as trustees (which expression shall unless excluded or repugnant to the context be deemed to include the trustee or trustees of the time being of these present and their successors in office of the other part. And where as this trust deed is now being executed by the settler with the present trustees and these present trustees have agreed to execute presents as testified by their being parties to and executing their present. AND Whereas the Settler is desirous of establishing a Trust for initiating Educational, Social, Environmental and Agricultural/Horticultural development project And whereas the Trustees have, at the request of the Settler agreed to act as the trustees these present as testified by their being parties to and executing these presents. And whereas it is necessary to declare the objects and terms of the Public Charitable Trust being constituted under these presents. Now this indenture WITNESSETH as follows : 1.
That in order to effectuate his said desire the settler has handed over to the trustees a sum of Rs. 5000/(Rupees Five Thousand only) to held and stand possessed for the same (hereinafter) for brevity’s sake – referred to as trust fund which expression shall also include cash and any other property and investments of any kind whatsoever into which the same or any part thereof might be covered, involved or varied from time to time or such as may be acquired by the trustees or come to their hands by virtue of this present or by operation of law of otherwise howsoever in relation of there’s present, upon the trust and with and subject to the powers, provisions, agreements and declarations here in after declared and contained of and concerning me same.
2.
That the name of the Trust shall be the LIVELIHOOD TRUST FOR SUSTAINABLE SOCIAL ADVANCEMENT.
3.
That the Registered Office Address of the Trust shall be at Argora Housing Colony, Doranda, Ranchi, District-Ranchi (JHARKHAND) . If any change in the registered address the same shall be communicated to the concerned Departments, Ministries and other Agencies within 15 days.
4.
That the Area of operation of the LIVELIHOOD TRUST FOR SUSTAINABLE SOCIAL ADVANCEMENT shall be the whole of Jharkhand and may be spread all over India and abroad as when required for achievement of objectives of the Trust .
2
5.
That the main objective of the LIVELIHOOD TRUST FOR SUSTAINABLE SOCIAL ADVANCEMENT is to assist, develop, promote and facilitate the Social, Educational and economical conditions of the males / females & children and other deprived population. To achieve these objectives the Trust may undertake : i)
To create awareness among Intellectuals, Social Workers, Community Workers and NGO's / Trust's / Trust's / Trust's Representatives to participate in Government sponsored plans / schemes / projects and to promote National goals such as Secularism, National Integration, Health for All, Population Stabilization, Agriculture & Horticulture including Mixed Fruits Plantation, Medicinal Plantation & Timber Plantation, Beautification of Parks, Water Falls, Women Equality, Environmental Education, Disability Protection, Consumer Protection and Soil & Water Conservation, Conservation of Historical Building / Places by establishing and running Panchayat Resource Development Centres and to develop, plan, design, initiate / execute / implement innovative programmes to strengthen the hands of Government of India as well as State Governments.
ii)
To provide academic and technical resource support on National / State / District / Block / Panchayat Level Organizations & Technical & Management trust s / NGO’s in taking up Technical & Management Training for Resource Persons / Teachers / Master Trainers and organize vocational education training programme for literate in both urban and rural areas in the State, Country and Abroad to produce dedicated man power / Teachers to initiate educational programmes of the State, Central Government and other Agencies.
iii)
To open, start, found, establish, promote, set up, run, maintain, assist, finance, support and /or aid to or help in the setting up and /or maintaining and or by any proper means arrange for advancement and propagation in various field of life specially in education at nursery, primary, secondary, higher technical, medical, commercial, professional level and or vocational studies amongst the downtrodden sector of the society in particular and society in general.
iv)
To undertake technical and financial aid, from Government, National and International Institutes, Trusts Funds and Individual to execute educational, social welfare., women empowerment and technology development programmes and other relief works.
v)
To accept Grant-in-Aid, Assistance, Donation and Loans from State Governments, Central Government, National / International Funding Agencies/ Trusts / Voluntary Organizations, World Bank, Asian Development Bank, World Health Organization and UNESCO for its self and its Members TRUST s to initiate innovative and experimental programmes for educational development, welfare and rehabilitation of suffering mass.
vi)
To widen the range of knowledge and understanding of the social economic and political systems in order to create a critical awareness about the environment.
vii)
To get Affiliation / Recognition from University / Deemed University, National Institute of Open Schooling, Ministry of Human Resource Development, Indian Medical Council, 3
Rehabilitation Council of India, Indian Association of Physiotherapy, Nursing Council of India, National Para Medical Board, NCTE and National / International Institutes to award Degree / Diploma Certificates to the competent candidates. viii) To takeover, merge, amalgamate, participate, join, manage directly and/or indirectly and other Trust (Public or Private), society, association of person and or with any other entity whose object(s) is / are similar with this TRUST . ix)
Explore, innovate, work out alternatives, try new methodologies to meet the needs of different target groups through programmes of education and training.
x)
To accept loan from Government, Nationalized Banks, Financial Institutes, HUDCO, World Bank and other sources.
xi)
To appoint Officers, Principal, Director and technical persons, professional, resource persons and other supporting staff on salary basis or honorarium basis with provision of provident fund and etc.
xii)
To establish an Institute of excellence to provide pre-examinations coaching facilities to the scheduled tribes / scheduled castes/ other backward classes/ economically weaker sections males/females students to succeed in competitive examinations like Civil Services (Prelims)/ State Civil Services (Prelims), Civil Services (Mains)/ State Civil Services (Mains), Entrance Exam for Medical, Engg., MBA and other professional courses, CDS/ NDA/SSC/ Central Excise .and BSRBs / RRBs, GIC. etc.
xiii) To organize orientation training, master trainers training, vocational training, man power development training and human resource development training in the fields of educational development, urban / rural development, environment, water & soil conservation, water resources, disaster management, agriculture & horticulture, food processing, art & culture, nature cure and information technology to produce dedicated teachers / professional and resource mobilization. xiv)
To organize agriculture, horticulture and perennials / non-perennials fruits & timber plantation development programme.
xv)
To organize farmers training programme and youth leadership development training programme.
xvi)
To organize SHG’s formation & training programme and promote economical activities.
xvii) To establish, construct, set up and run old age home, shelter house, working women hostel, ashram school, residential school, nursing home, hospital, health care centre, play ground, hotel, restaurant, stadium and art & culture development centre.
4
xviii) To organize rural development programme, watershed development programme, construction rural toad, culvert and bridge, irrigational tank, hi-tech pond and development of micro-lift irrigation system. xix)
To organize programmes for welfare and rehabilitation of women labour, child labour, vulnerable children, orphan children and women / girls in difficult circumstances.
xx)
To apply the whole or any part of income of the Trust or Trust fund or accumulations thereto , to any one or more of the objectives of the Trust as the Trustees may in their discretion, deem fit from time to time.
xxi)
To invest the Trust fund either in the purpose of mortgage of immovable property or in share, stock or debentures or other securities and investments or in deposits with or loan to any company, bank, firm or any other person and to alter, vary of transpose such investments from time to time at the discretion of the Trustees.
xxii) To construct multi story building and sale dispose or alienate or otherwise deal with any property comprising the Trust fund. xxiii) To appoint constituted attorneys or agents and to delegate to such attorneys or delegate or agents all or any of the power vested on them under these presents and from time to time remove such attorneys or delegate or agents to appoint other in his or their place. xxiv) To appoint or make provision for the appointment of any person (including all or any of the Trustees and Committees or administrator or Managing Trustees or otherwise) for the purpose of the administration of the Trust in such manner and subject to such rules and regulations as the Trustees may prescribe and also to appoint or provide for the appointment of separate trustees to hold any fund or investment subject to the provisions of this Deed in such manner and subject to such rules & regulations as the Trustees may from time to time think fit. xxv) To set apart and/ or allocate the whole or a part of the income or the corpus of the Trust Fund or part there of for any of the objects of the Trust. xxvi) To adjust, settle, compromise, compound, refer to arbitration, all actions, suits, claims, demands and proceedings regarding the Trust Fund. xxvii) To do all such activities / programmes concerned with the objectives of the Trust .
5
RULES
& REGULATIONS OF
LIVELIHOOD TRUST FOR SUSTAINABLE SOCIAL ADVANCEMENT 1.
Short Title : These rules shall be called Rules and Regulation of the LIVELIHOOD TRUST FOR SUSTAINABLE SOCIAL ADVANCEMENT under Indian Trust Act-1882.
2.
Definitions : In these rules, unless the contact otherwise requires : (a)
"The Board" shall mean the COUNCIL OF PROMOTERS of the LIVELIHOOD TRUST FOR SUSTAINABLE SOCIAL ADVANCEMENT
(b)
The TRUST means the LIVELIHOOD TRUST FOR SUSTAINABLE SOCIAL ADVANCEMENT.
(c)
"The President" shall mean the President of the Council of Promoters of the Trust .
(d)
The "Secretary" Shall mean the Secretary of the Council of Promoters of the Trust .
(e)
"Logo" shall mean the logo of LIVELIHOOD TRUST FOR SUSTAINABLE SOCIAL ADVANCEMENT.
3
Membership : All persons/students who have attend 18 years of age and have subscribe the aims and objectives of the Trust subject to the approval of the Council of Promoters will be entitles to its ordinary member, patron member and associates members on payment of their subscriptions as herein after provided. The decision of the Council of Promoters in this regard shall be final binding.
3.1
Clauses of membership and fees :
(a) Trustee Members : Those members as aforesaid who shall pay and yearly subscriptions of Rs. 501/- per year shall be admitted as Trustee member of the TRUST subject to the approval of the Board of Management of Trust. (b) Ordinary Members : Those members as aforesaid who shall pay and yearly subscriptions of Rs. 501/per year shall be admitted as an ordinary member of the Trust subject to the approval of the Board of Management of Trust. (c) Associate Members : Those members as aforesaid who shall pay and yearly subscription of Rs. 1001/- per year will be associated member of the Trust subject to the approval of the Board of Management of Trust. (d)
Life Members : Those members as aforesaid who shall pay Rs. 5001/- will be Life Member of the Trust .
(d)
Explanation :
(i) Those persons, who have paid till the date of registration of the Trust the respective membership fees applicable to the respective clauses shall be deemed to have been admitted to the respective clauses, and shall be deemed to be the founder members. 6
(ii) Any ordinary member whose subscription has remained in arrears before the holding of the annual general meeting or extra ordinary general meting shall not be entitled to exercise the voting rights at the annual general meeting or the extraordinary general meeting as the case may be. 3.2 Patrons : The Council of Promoters may, according such terms and conditions as it shall decide
from time to time, admit as patrons those persons who are likely to help in furthering the object and cause of the Trust's either through their professional Knowledge and experience and or through financial assistance. 4. Register of Members : The Trust shall maintain at its registered office a register of its members and shall enter therein, within 15 days after the admission of a member or the cassation of his membership as the case may be the following particulars 5.
Rights of Members (a) Each Ordinary Member shall have one vote at every meeting.
(b) All Trustee Members, Ordinary Members and Associate Members of the Trust's shall be entitled to participate in the meeting and religious functions and gatherings of the Trust's and after the expiry of one month of his or her/their membership elect or be elected to its Council of Promoters. ( c) All the Ordinary Members shall have right to inspect the books of account book containing minutes of proceedings of general meetings and register of members of the Trust's on any working day during business hours by giving reasonable notice. (d) All the members – Ordinary and Associate – of the Trust's shall be bound by the rules and regulations and/or buy-laws which may be framed from time to time. 6.
Council of Promoters :
The affairs of the Trust shall be managed by a Council of Promoters which shall consist of the following members : (i)
President,
(ii)
Vice-President
(iii) Secretary, (iv) Treasurer (v)
One Member as eminent persons from the field of education,
(vi) One Member as prominent social worker, (vii) One Member from Founder Member of the Trust .
6.1 In the first meeting of the Council of Promoters one non official members of the Council of Promoters shall be selected as Vice-President. 6.2 Maximum age limit for the members of Council of Promoters excluding President shall be 75Years. The President and the non-official may serve for two terms of three years each which may or may 7
not run consecutively. No President/Vice-President or members shall be entitled to more than two terms. 6.3 The total membership of the Council of Promoters shall not exceed nine persons including its President and Secretary. Care may be taken to provide adequate representation to women on the Board and their member should not be less then two. 6.4 The President and the Secretary of the Council of Promoters will remain in office as long as they enjoy the confidence of the Council of Promoters. The Council of Promoters will have the final say as for as their membership and their terms of office are concerned. 6.5 In case of any dispute, conflict, non-functioning or unsatisfactory functioning of the Trust the matter
shall be referred to the Council of Promoters whose decision shall be binding on the Trust functioning. 6.6 Meeting of the Board : The following shall be observed with regard to the meeting of the Board.
7.
(i)
Every Meeting shall be presided by the President and in the absence of the President the Secretary or Vice-President shall preside over the Meeting.
(ii)
In the absence of the President and or Vice-President, one of the members of the Council of Promoters present and selected from amongst the member will preside over the meeting.
(iii)
Four members of the Board present in any meeting shall constitute the quorum. No meeting shall take place in the absence of Secretary exception unavoidable, circumstances when the next senior most staff member will act as substitute.
(iv)
Meeting of the Board shall be held at least thrice in a financial year at such time and place as may be determined by the President and Secretary and not less than 15 days notice shall be given to the members. The draft annual report and the yearly accounts of the Trust s for the proceeding financial year working shall have to be approved by the Board. The proceeding of each meeting shall be and a copy of the minutes of such meeting shall be furnished to Secretary within 15 days after the meeting.
(v)
An emergency meeting of the Board shall be summoned in extra ordinary circumstances. on such occasion, the members shall be given at 3 days notice. Discussion that have taken place in the emergency meeting need to be placed before the full meeting of the Council of Promoters when it meetings.
(vi)
In case of a difference of opinion among the members and where there is an equal division. The President shall have the right of casting vote.
(vii)
The power shall be vested with the representative of Council of Promoters. Any disputed matter shall be referred to the Secretary whose decision would be final.
(viii)
The Board shall necessarily meet at least thrice in a year.
Power and Function of the Board : 8
The powers and functions of the Board shall be as follows : (i)
To serve as the policy making and supervisory body for the Trust .
(ii)
To enlist the continued co-operation and support of voluntary organization, welfare organizations workers unions, intuitional establishments, development agencies and others for the programme.
(iii)
To establish such centers, sub-centers as or necessary to organize and implement the programme.
(iv)
To set up such sub-committees as are found necessary
(v)
To periodically review and from time to time assess the programme implemented by the Trust with a view to effect modifications and improvement.
(vi)
To assess the financial requirements of the Trust in keeping with its objective and approve the budgetary estimates.
(vii)
To exercise over all supervision and to ensure that the money spent achieves the objectives and that the targets are reached.
(viii)
To appoint all categories of staff for conducting the affairs of the Trust to fix the amount of their remunerations to define their duties and to grant allowances and other emoluments.
(ix)
Generally to take all such measures as may be found necessary from time to promote the objectives for which the Trust has been setup.
8.
Delegation of Authorities : The Council of Promoters may delegate any of its powers and authorities referred to in rules to a sub-committee of two or more persons appointed from amongst the members of the Trust, if necessary. In each of such sub-committees the President and the Director of the Council of Promoters shall always remain ex-officio members.
9.
Functions : The functions of Trust shall be : (i)
Identify appropriate target areas and target groups by developing socio-economic profiles.
(ii)
Organize training programme for key resource persons master trainers and trainers in Technical/professional/vocational courses and for neo-literates.
(iii)
Identify and ascertain a variety of technical educational and vocational needs of different. categories of clientele groups.
(iv)
Explore innovate work out alternatives try neo methodologies to meet the needs of different target groups through programme of technical, educational and vocational training.
(v)
Co-operate with technical educational cultural and social organizations/ Trust's involved in organizing programmes and activities to meet technical educational needs.
9
(vi)
Act as co-ordinator facilitator and catalytic agent by developing a system of net working in collaboration with other technical and educational Trust's development departments welfare agencies employs and worker organization agency and economic enterprises etc.
(vii)
Undertake training and orientation of resource persons Instructors/Trainers experts involved in planning and implementation of various programme.
(viii) Organize equivalency programme through open learning system. (ix)
10.
Provide consultancy services to Trust's agencies trusts and enterprises planning to organize programme for technical training of similar target group.
When the terms to office of the Board comes to and all its members except the President and Secretary shall vacate the office. The Secretary who is ex office member of the Council of Promoters will continue of the Council of Promoters will continue as Secretary as longs he remains the Secretary. Vacancy caused by the supper annotation of director would be filled by the new director the President and Secretary will remain in office as long as they enjoy the confidence of Council of Promoters will have the final say as for as membership and their term of office is concerned.
10.1
Outgoing non-official members of the Council of Promoters shall be eligible for rumination for another term not more than five terms in total which any or may not be consecutive.
10.2
Three months before the expiry of the term of the COUNCIL OF PROMOTERS, the Secretary in consultation with the President, shall propose a panel of names from the General Body for the reconstitution of the Board.
10.3
The Council of Promoters shall after careful consideration, approve the constitution of the Council of Promoters in- corporating such charges / alterations/ additions/ modifications as it deem fit.
10.4
It there is any vacancy between the expiry of the term of the Council of Promoters and the constitution of a fresh one Council of Promoters shall appoint an Administrator as an interim arrangement.
10.5
Power of veto within the COUNCIL OF PROMOTERS shall be vested with the representative of Trust . Any disputed matter shall be referred to the Council of Promoters whose decision will be binding.
11.
During the term of office of the Board, vacancies may arise for the reason indicated below : Death Resignation addressed to the Secretary in writing and accepted by the Board Becoming of unsound mind or insolvent. Conviction for a criminal offence involving moral turpitude or Failure to attend three consecutive meetings with out proper leave of the Board. 10
12.
Any vacancy of the Membership of the Board (or any of its committees) coursed by any of the reasons mentioned above shall be filled in accordance with the provisions of guidelines but the person appointed in the vacancy shall hold office only for un expired period of the term of the membership.
13.
Power to frame amend or repeat Bye-Laws : Subject to the approval of the LIVELIHOOD TRUST FOR SUSTAINABLE SOCIAL ADVANCEMENT the Board shall have the power to frame, amend or repeat any bye-laws of the furtherance of its objectives and in particular to provide for the following matters : (i)
Matters relating to appointment, removal, resignation and term of office of the office bearers other than the President and Secretary
(ii)
The preparation and submission of the budget estimates to the Trust for sanction of expenditure, entering into contracts, investment of the funds of the Trust's, the sale or alteration of such investments and audit of accounts.
14. Delegation of Power : (i)
The Board may by resolution, delegate to its Secretary and sub-committee (s) as may be constituted from time to time such of its power for the conduct of the affairs of the Board as may be necessary.
(ii)
The Board may delegate to the officers of Trust or any of its committees such routine or administrative or financial powers as it may consider necessary.
15. Selection, Powers, Functions and Duties of the President : President will be elected at a General Body Meeting. 15.1
15.2
The powers, functions and duties of the President shall be as follows : (i)
The President shall be the honorary head of the Trust .
(ii)
He shall preside over all the meetings of the Board.
(iii)
He shall have power to convent ordinary and extra-ordinary meeting.
(iv)
He shall have the right or casting vote in case of division.
(v)
He shall address.
Power and function of Vice-President : In the absence of President the Vice-President shall preside over the meeting of the Council of Promoters.
15.3
Power, function and duties of the Secretary : 11
The Secretary of Trust shall be the chief executive office of the Council of Promoters. The Secretary will be elected at a General Body Meeting. The power, function and duties of the Secretary are as follows : (a)
The Secretary shall prescribe duties of all members of the staff of Trust and shall exercise supervision and discipline any control as may be necessary under rules.
(b)
The Secretary shall maintain a record of the minutes of all the meetings of the Council of Promoters and shall be responsible for the proper execution and implementation of the decisions of the Council of Promoters.
(c)
The Secretary shall be the drawing and disbursing officer.
(d)
The Secretary is empowered to issue cheques upto Rs. 1,00,000 (Rupees one lakh only). Payment of more than Rs 1,00,000 (Rupees one lakh) shall be counter signed by a member of the Council of Promoters who is to be nominated by the Board.
(e)
The Secretary is empowered to purchase items up to Rs 50,000/- (Rupees fifty thousand only) in each case. Purchase of items beyond Rs 50,000/- (Rupees fifty thousand only) shall be done through a purchase committee to be appointed by the Council of Promoters. All purchase above Rs 50,000/- (Rupees fifty thousand) shall be placed before the Council of Promoters when it meets next for rectification. Any purchase mode beyond Rs 50,000/(Rupees fifty thousand) must have the prior approval of the Council of Promoters.
(f)
For all the appointment the Secretary shall issue the appointment order.
(g)
The Secretary shall act as a nodal point for communication between Government Officials and management of Trust .
(h)
The Secretary shall entrust responsibility for activities to the programmes functionaries proportionately to ensure their full and potential participation. He shall also hold regular meetings with the staff members, particular by with the programme functionaries to plan and implement and to review the activities as allocated.
(i)
The Secretary will initiate action for assessment of learning need and requirements for training for identified group and in areas selected of programmes activities operation.
(j)
The Secretary will initiate action for identification and mobilization of resource needed for conducting training programme/course.
(k)
The Secretary will initiate action for planning of programmes such as preparation of course designs, teaching/learning material, procedure for learning assessment, programme schedule, selection and enrolment of participants timing and location for conduction of programme.
(l)
The Secretary will establish and develop contracts with appropriate agencies with a view to facilitate exchange of information and promoting mutually beneficial lineage in programmes and activities to be organized for target groups by Trust itself or its joint ventures in co-operation/collaboration. 12
16.
(m)
The Secretary will render and facilitate consultation and counseling services to individuals and agencies Trust's in matters of technical and management training programme.
(n)
The Secretary will undertake activities for programme support communication availing various means of media, organizing and participating in exhibition, special group meeting, into agency seminar workshop for promotion and publicity.
(o)
The Secretary will pursue action connected with follow up conclusions and recommendation of seminars/workshops.
(p)
The Secretary will designed a system of follow up activities for Trust programme beneficiaries.
(q)
The Secretary will evolve and monitor a system of annual performance appraisals confidential character rolls of every officers and supporting staff.
Funds of the Board and Accounts : The Funds of the Board shall consist of the following : (i)
Grants made by or through Government of India, State Government, National / International funding agencies /Trust's.
(ii)
Donation, loan, contribution from members and other sources.
(iii)
Income and investment.
(iv)
Tuition fees, development fee, registration fees and other sources.
(v)
Misc. receipts.
17.
The Bankers of the Trust shall be any Nationalized Bank as approved by the Council of Promoters. All funds of the Trust shall paid to the Trust's Accounts and shall not be with drawn except through cheques signed by the Secretary up to Rs. 50,000/- (Rupees fifty thousand) payment of more than Rs 50,000/- (Rupees fifty thousand) shall be counter signed a member of the Council of Promoters.
18.
The Secretary shall prepare budget of the Trust which as approved by the Board shall be submitted to the General Body for approval.
19.
Developing funds is generated by the Trust on account of the following: •
Membership fee,
•
Member Contribution,
•
Fees collected from the trainees
•
Donation & Subscriptions
•
Consultancy fees form the programme conducted by Trust . 13
20.
•
Grant-in-Aid received from Government of India, State Government and National / International funding Agencies Trusts / Trust's.
•
Loan from Nationalized Banks, HUDCO and other sources.
Accounts : A separate Account shall be maintained for the income received under the departments of Govt. of India and other National/International Funding. The Accounts shall be properly maintained and shall be audited every year by chartered accountant appointed by the General Body at its annual General meetings. The Governing Body shall maintain books of accounts to be kept in respect of : All collections shall be deposited in the Bank or the Post office in the name of the Trust and such banking accounts/post office accounts shall be operated by the joint signatures of any two of the followings : (a) President (b) Secretary (c) Treasurer 21. Audit of Funds : At each Annual General Meeting a qualified Auditor/Auditors shall be appointed. The Auditor shall submit a report on the income and expenditure, account and balance-sheet of the Trust presented by the Council of Promoters. The minutes of the meeting of the Council of Promoters and of the general meeting books of accounts, the correspondence and in general, all records of the TRUST as well as any date required for the carrying on of the audit shall upon a requisition by the auditors, be submitted to them. When it seems necessary, the accounts of the association may be audited by any chartered accountant, nominated by the. Registrar, the charges for such audits will be beard by the Trust.
22.
Inspection of Register : All the registers of the Trust shall be available in the registered office where any members can see the Minutes/Proceedings Register, Cash Book, Ledger etc.
23.
Legal proceedings : All legal proceedings on Trust and for Trust will be sued on Secretary only.
24.
The amount under the Development fund shall be spent by the broad on the following items : (i)
Programme and activity of Trust .
(ii)
Purchase of land, construction of office building for Trust Trust' s building. 14
repair and re- innovation of
(iii)
Not more than 10% of the fund generated in a year may be utilized towards the Trust staff welfare activities which may include the retirement benefits etc.
24.1
The proposal for incurring expenditure form the development fund shall be placed in the meeting of the Council of Promoters in which the presence of the General Body representative is necessary.
24.2
The accounts of the Trust any expenditure incurred in connection with the Trust shall be audited annually in such manner as may be prescribed by the Council of Promoters of Trust by a qualified auditor (s) appointed for the purpose by the Board. The audits (s) shall have right to demand production of Books, Accounts, connected Vouchers and other documents and papers of the Trust' s. The nature of the audit to be applied registered under the Indian Trust Act 1882 and the defined arrangements to be made in regard to the form and their maintenance and presentation of the accounts shall be bed in bye-laws to be framed by the Board.
24.3
The Trust shall maintain proper accounts and relevant records and prepare an Annual statement of Accounts including the balance sheet in such as may be prescribed by the Government of Jharkhand, and as well as Govt. of India. The Audited statement shall contain income and expenditure statement, receipts and payments, assets and liabilities, balance sheet and utilization certificate.
24.4
Should be proposed during in course of financial year to finance any approved scheme which has not been included in estimates for that year the sanction of the Board shall be obtained to the method proposed for financing it whether that be by means of supplementary grants or by reappropriation within the sanctioned estimates.
24.5
An Annual Report of the proceedings of the Board and the working of Trust during each financial year shall be submitted by it for information to the General Body copies of the Annual Report and yearly accounts as finally passed shall be supplied to the member of the Board.
24.6
All contracts shall be executed on behalf of the Board by the Secretary or an officer authorized by it and counter signed by the President or a person authorized by it and counter signed by the President or a person authorized by him.
24.7
The Board shall provide a seal and also provide for its safe custody and the seal shall never be used except by the assurance or contract shall be discharged from the money at the disposal of the Board.
24.8
No act or proceeding of the Board shall be invalid on account of any deficiency or any defect in the constitution of the Board as the case may be
24.9
The Board may sue or be sued in the name of the Secretary.
24.10 The Income and the assets of the Trust , however derived, shall be applied towards the promotion of the objects. 24.11
Trust may appoint any person to review the work and progress of the Trust and to hold enquiries into the affairs of the report there on, in such manner as the Council of Promoters may stipulate and upon receipt of any such report, the Trust may take such action and issue such 15
directives as it may consider necessary in respect of any of the matters dealt within the report and the Board shall be bound to comply with the same. 25.
Meeting : (a)
26.
Governing Body Meeting will be held at every three months interval. (b) Annual General Body Meeting of the Trust shall be held in March every year. (c) Emergent meeting may be convened as and when required. Requisition Meeting : On requisition of 1/3rd members of the Trust the secretary shall have to convene the meeting within one month with assigning the reasons and object to be considered. If Secretary will not convene the meting within time frame the applicant may convene the meeting for final decision on subject but its notice will be issued to each member by Registered post or peon book.
27.
Quorum : One third of the total members of roll shall constitute a quorum in all General Body Meeting. If within half an hour after the appointed time the requite quorum is not formed, such meeting shall be adjourned to another date of which a proper written notice shall be given in case of special extra general body meeting the meeting shall stand dissolvent, no quorum is required for the adjourned General Body Meeting and all resolution passed shall be valid. All business at any General Body Meeting shall be decided by a majority of votes.
28.
Notice of Meeting : Notice of General Body Meeting will be given before 7 days. Notice of Annual/General Body meeting will be given 15 days before. Emergent meeting notice will be given 48 hours before.
29.
If at any time difficulty arises in the functioning of the Board, because of any lacuna in the Memorandum of Trust or in the rules or the failure of any of their provisions to obviate the General Body shall have powers to give directives to resolve the difficulty and such directives shall be binding on the officers and authorities of the Board.
30.
Alteration or expansion of the Board, The Board may alter, extend or abridge any purposes for which it is established subject however, to such proposition being agreed to by the votes of three fifth of the members of the board at a meeting duly convened for the purpose and finally approved by the General Body.
32.
Dissolution of Trust : (i)
Subject to consent of the members of the General Body not less than three fifth of the members of the Trust shall be dissolved forth with or at time then agreed upon in the General Body meeting conveyed for the purpose.
(ii)
If on winding up or dissolution of the Trust after the satisfaction of all debts and liabilities there remains any property whatsoever, the same not be distributed among the 16
members of the Trust but to any other Trust or Trust's having similar aims and objectives or Government after being approved by the three fifth majority of the General Body. 33.
Indemnity : Every member of the Council of Promoters or any sub committee, auditor and other officer or servant of the Trust shall be indemnified against all liabilities arising out of acts and things done by him in performance of the duties entrusted, by way or damages otherwise, and all losses, charges and expenses which he may incur or become liable by reason of any contract entered into or any act or deed done by him as such member, auditor, officer or servant in any way or about the discharge of his duties.
34.
Misc : The Trust will function under Indian Trust Act 1882
. Certified that this is the true copy of Trust Deed, Memorandum of Trust and Rules & Regulations of the Livelihood Trust for Sustainable Social Advancement.
Settler-Cum-Founder
17
IN WITNESS WHERE of the parties have here to have hereunto seen and subscribed their respective hands on the day, month and year first mentioned herein above.
WITNESSES
1.
2.
PHOTO OF THE TRUSTEES
SIGNATURE
& THUMB IMPRESSION
CERTIFICATE Certified that me the finger print of the left hand of each person whose photographs is affixed in the document have been obtained by me or before me.
Advocate, Ranchi.
18