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- REGISTERED USER AGREEMENT
REGISTERED USER AGREEMENT Download Word Document In English. (Rs.35/-) THIS AGREEMENT MADE BETWEEN M/s ___________________________________ a company incorporated under the enactments of the Companies Act, 1956 and with its registered office at ________________________ hereinafter referred to as "the Registered Proprietor" of the One Part AND M/s__________________________________________ a partnership firm registered under Partnership Act, 1932 having office at ______________________________, hereinafter referred to as the "User" of the other Part. WHEREAS (a) The Registered Proprietor being one of the leading companies in manufacturing, marketing and sale of ________________________________ products and holds registration of the Trade Mark "XYZ", being registration No._________________________ in class _______ in the fourth schedule of the Trade and Merchandise Marks Rules, 1959 concerning the ___________________________ products. (b) The User recognizes that the Registered Proprietor being the registered legal owner of the Trade Mark "XYZ" as registered in India and the User wants to use the above stated Trademark, after it referred to as the "said Mark". c) The Registered Proprietor and the User have consented that the Registered Proprietor and the User shall conjointly apply for the registration of the User as the Registered User for all Trade marks registered or for which a registration application has been applied in India by the Registered Proprietor. NOW IN CONSIDERATION OF THE MUTUAL PROMISES THIS AGREEMENT WITNESSED AS UNDER: 1. ALLOWING OF RIGHT IN USING THE TRADE MARK The Registered Proprietor hereby allows to the User, exclusively right in using the said Mark during the term of this Agreement subject to the terms/conditions stated here in below. It is expressly construed and consented that this agreement does not in any way give right to User, either impliedly or otherwise, for using any other name or trademark of the Registered Proprietor, other than the one given herein this Agreement. 2. USER AGREEMENT. a. The User acknowledges that all rights, titles, proprietary and interest in and goodwill attached to the trademark are and shall remain conferred in the Registered Proprietor and the User shall not, on its own or in help of or helping any other person take any action that may invalidate, prejudice or impair any rights of the Registered Proprietor in and to the said mark. b. The User also consents and covenants that it shall not assail the title of the Registered Proprietor to said Mark or assail the legality of this Agreement .The User shall not try to register or record the said mark as such or in any altered form or use or try to register or record any mark which is either in whole or in part of the same or as confusing similar thereto in any state, region or country, either during the term of this Agreement or after ending or termination thereof. c. User consents any and all uses of the said mark by them in anticipation of this Agreement shall inure solely to the advantage of and on behalf of the Registered Proprietor. d. User consents in reporting to the Registered Proprietor after they notice, any doubtful breach or disparaging use of the said mark or with trade name, trade mark, or symbol as owned by Registered Proprietor. e. User shall not transfer, assign or sub-license the license hereby allowed or any rights allowed herein in any manner. f. Any latches or omission or failure by User for enforcing any of the terms/conditions of this Agreement shall not affect or limit the rights of Registered Proprietor and any waiving by the Registered Proprietor of any infringement of any enactments of this Agreement shall not be understood as waiving of any continuing or succeeding contravention of any enactment. g. Excepting as laid herein, the User shall not reproduce, vend publish, or in any way commercially exploit the said Mark or grant such reproduction, vending , publication or exploitation by any employee or independent contractor reserved for the purposes of doing out its activities. h. The User will only use the said mark till he manufactures his goods according to terms/specifications descried by the Registered Proprietor. i. The User shall give to Registered user from any time on its express request, sample of products using the said mark. If any such sample wished by the Registered Proprietor is not found in conformity with the standards and specifications of the Registered Proprietor then, on notice of such fact, User shall stop using such non-conforming product using said Mark til such non-conformance is rectified and express approval received from the Registered Proprietor intended that such product is in conformity to the standards and specifications of the Registered proprietor. j. The User consents in giving the Registered Proprietor approach to his venue of manufacture whenever needed and also help in its inspection. k. The User agrees in not using the said Mark on advertisements, journals, labels and on other documents in such a way that the said mark may in any way become mixed concerning the distinctiveness or legality. An indication either by eye or representatively shall be given to the buying public to the limit that the User uses the said Mark by virtue of allowed use only. 3. APPLICATION TO THE REGISTRAR OF TRADEMARKS The User contents to apply the compulsory application jointly with the Registered Proprietor to the proper office of Registrar of Trade Mark in Performa as laid under the Trade and Merchandise Marks Act 1958. 4. ROYALTY Both the parties hereby consent that no royalty shall be paid by the User to the Registered Proprietor for allowing exclusively right in using the said Mark 5. DISCLAIMER AND INDEMNITY a. By This Agreement the User does not become an agent, partner or legal representative of the Registered Proprietor and neither party shall be obliged on behalf of the other party, except as contained herein. b. Subject to any law against it and to the maximum limit allowed under law, the Registered Proprietor on its behalf, its directors, employees and representatives renunciating claims all liability and the User releases the Registered Proprietor and their directors, employees and representatives from whole liability for any loss/damage (whether predictable or not) sustained by any person including the User by using of the said Mark. c. The Registered Proprietor is not liable for any actions by third parties emerging out of the use by the User of the said Mark. 6. EFFECTIVE DATE AND TERMINATION This Agreement shall begin on the date stated herein above, if however that this covenant shall at once terminate on cancellation of license hereby allowed by the Registered Proprietor. a. The Registered Proprietor shall be entitled in terminated this Agreement in any of the following eventualities: Any contravention of this Agreement by the User including but not restricted to misuse, passing off, unauthorized use, contravention, mixing and disparagement of said Mark, not remedied by thirty (30) days after date of express notice thereto if such contravention can be remedied. b. The User evaded disclosure or misrepresented, any material fact which if correctly presented would have justified the denial by the Registered proprietor to entering this Agreement c. Insolvency/bankruptcy of the User; d. Appointment a trustee or receiver of the User; and e. If the User shall be ended, either by himself or involuntarily, or if any order shall be passed or effective resolution be passed for liquidating of the User. On happening of the above-stated eventualities or any other event materially/adversely effecting this Agreement the Registered Proprietor shall be just with in its rights to apply in the prescribed Performa to Registrar of the Trademarks for canceling of the registration of the user as Registered User The enactments of this article are without prejudicing any other remedy (ies) which the Registered Proprietor may be having due to default of the User. On termination, the User shall at once not use the said mark, and will obey all other future instructions, directions and specifications that the Registered proprietor may give to the User concerning the use of said Mark. The User shall acknowledge and execute any/all documents, and acting on things, as requested by the Registered Proprietor in establishing, protecting and sustaining the said mark. 7. NOTICES All notices, agreements and sanctions needed to be served or given by either party to other shall be considered to have been duly served or given if the same shall be handed over to, left at, or sent by airmail, registered post, courier, or fax by either party to the other at its principal/registered office. If however that either party shall be entitled in intimating other of any other address where such sanctions, agreements and notices shall be received by it and the same shall be considered to have been duly served or given if the same shall have been handed over to, left at or sent by airmail, registered post, courier, or fax to such party at such other address 8. ARBITRATION All controversies or disagreements emerging out of or in relation with any of the terms of this Agreement shall be decided through negotiations amicably per good faith for a period of upto _____ days and failing which shall be decided finally and exclusively per arbitration by arbitral tribunal. Arbitral tribunal should conducted arbitration according to rules of Conciliation and Arbitration of International Chamber of Commerce, as modified from the time being. Each arbitral tribunal shall comprise three arbitrators, one to be selected by each party and the third to be selected by the arbitrators selected by each party. The venue of arbitration shall be ________________________________________ (Name of the city and country). The language used in all written documents laid in arbitration shall be English. Any decision/award of an arbitral tribunal shall be conclusive and bind the parties. IN WITNESS WHERE OF, the parties have executed this Agreement through their duly authorized officers on the dates set forth below: Date: Name _____________________ Designation: ________________ Signed for the Registered Proprietor Name:___________________ Designation: __________________ Signed for User Witnesses: 1. Name: __________________ 2. Name: __________________ Address: __________________ Address: ___________________ Occupation:________________ Occupation: _________________
- DEED OF TRUST FOR PRIZE TO BE AWARDED TO BRILLIANT STUDENTS
DEED OF TRUST FOR PRIZE TO BE AWARDED TO BRILLIANT STUDENTS THIS DEED made this …………..day of…………..20 between A, son of…………..resident of …………..hereinafter called the Donor of the ONE PART and the University of …………..a body constituted under the ………..University Act, hereinafter called the trustee of the OTHER PART. WHEREAS the donor is desirous of the advancement of legal knowledge and for that purpose wants to create a fund for the purpose of giving prize to the brilliant students in the manner hereinafter provided. This Deed witnesseth that, in pursuance of the said desire, the Donor doth hereby convey and assign unto the trustee All and Singular the Government Securities of the value, denominations and numbers given and described in the Schedule hereto. To hold the same unto the trustee in perpetuity upon trust and with and subject to the terms, powers, and declarations hereinafter contained and, it is hereby declared that the trustee shall pay and discharge all expenses and charges incurred in or about the execution of the trust hereby declared or such expenses and charges as may be incidental thereto, from the interest, income and profits of the trust assets and shall apply the residue of such interest, income and profits in investment of securities as the trustee deems fit. (2) The prize shall be called "The …………..Prize" (4) The said prize shall be awarded to the student of University who secures the highest marks in LLB (Professional) Course every year of the said University: Provided that if the number of such students are more than one, each student will be awarded the prize separately. The name or names of the students getting prize will be announced at the University Convocation and shall be published in the merit lists published by the University. (5) The trustee may sell the trust assets or any part thereof for the purpose of investing the sale proceeds in more profitable securities Provided that the trustee shall not invest in any security other than mentioned in section 20 of the Indian Trusts Act, 1882. The Schedule above reefed to IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first above written. WITNESSES Signed and delivered by the within named founder A 1 Signed and delivered by the within named Trustee,..........................University through the hands of 2. Shri………….. Registrar its authorised official Download Word Document In English. (Rs.5/-) Download PDF Document In Hindi. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)
- SHORT FORM OF DISCLAIMER OF TRUST TO BE ENDORSED ON DEED OF TRUS
SHORT FORM OF DISCLAIMER OF TRUST TO BE ENDORSED ON DEED OF TRUS KNOW ALL MEN BY THESE PRESENTS THAT I ....................... ………..son of (who am named as a party and trustee of the above trust deed), hereby declare that I have not accepted the trusteeship nor in way acted in the execution or management of the said Trust. And I renounce and disclaim the said trusteeship and all properties, estates, rights, powers, privileges and authorities expressed to be vested in me. IN WITNESS WHEREOF the above named ................................has hereunto set his hand this ……..day of ……..20 WITNESSES Signed .................... 1 . 2. Download Word Document In English. (Rs.5/-) Download PDF Document In Hindi. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)
- TRUST DEED FOR ESTABLISHING A TEMPLE
TRUST DEED FOR ESTABLISHING A TEMPLE THIS TRUST Deed made at ………..the ………..day of ..................20………..between A, son of ………..resident of……….. (hereinafter called the Donor) of the ONE PART ………..and Shri B, son of ………..resident of ………..and Shri C, son of ………..resident of………..(hereinafter called the Trustees) of the OTHER PART. WHEREAS the donor is entitled to and otherwise seized of the plot of land more particularly described in the Schedule hereto. AND WHEREAS the donor is desirous to establish a temple and the trustees have agreed to act as members of the Committee of Management of the said temple and to establish the temple by the money to be provided by the Donor and to maintain and manage the puja and festivals to be conducted in the said temple. NOW THIS DEED WITNESSETH AS FOLLOWS: In consideration of the premises, the Donor hereby conveys and grant………..transfers unto the trustees all that piece of land bearing plot No.........................Survey No . ………..situate, lying and being at village ………..Taluka ………..District ………..and………..more particularly described in the Schedule hereto and delineated by All estate red coloured boundary line on the plan annexed hereto, together with clause rights, trees, yards, buildings, out buildings, easement, privileges attached to or appurtenant to the same and all the rights, title and interest of the donor therein and the donor has also paid Rs..................to the trustees to hold the same unto and for the use of the trustees free from encumbrances upon trust, to permit the same and all the building or buildings that may be erected thereon to be used as a temple subject to rules and regulations as shall be for the time being in force for the management thereof and subject also to the following provisions: (2) The objects of the trust are (a) to construct a Hindu temple and install the Hindu deities of Lakshmi, Saraswati and Gaytri for worship; (b) to permit all Hindus to worship in the said temple of the said deities; (c) to celebrate festivals on the occasion of navratri every year; (d) to develop, propagate and encourage the Hindu philosophy and to protect the interests of Hindus; (e) to all other acts necessary and conducive to the attainment of the above objects. (3) The trustees will construct a temple by the money provided by the donor on the land mentioned in Schedule hereto in accordance with the plan annexed at Annexure. The trustees will install the deities of Goddess Lakshmi, Saraswati and Gaytiri in the said temple in accordance with the ceremony prescribed by the Hindu Shastras. The trustees will allow Hindus of all castes and creeds in the temple for worship. (4) The trustees will be authorised to engage and employ such priests as they think fit for performance of puja and celebration of annual festival in the temple on such salaries or otherwise as they think fit and to suspend and remove them and appoint others in their place to perform puja, etc. The trustees will also be authorised to engage other employees for other miscellaneous works of the temple. (5) The expenses for maintenance of temple, performance of pooja, celebration of annual festival, payment of salaries of priests, and other servants and other necessary expenses of the temple will be defrayed out of the income of the temple. If the income of the temple is not sufficient, the trustees can defray such expenses out of the corpus of the trust fund. The Trustees may also borrow money for the necessary expenses or purposes on the security of the trust property except the temple. If some money remains surplus, the same will be invested in the securities, as the trustees deem fit. (6) If any of the trustees becomes bankrupt, insolvent, insane or found guilty of an offence involving moral turpitude or goes out of India for a period exceeding three months or resigns from his office or otherwise incapacitated, the new trustee will be appointed by the of now remaining trustee with the consent of the donor during his life time. (7) The management and control of the trust property shall be vested in the trustees. (8) The matters relating to the trust will be decided by the decision of the majority of the trustees, but the trustees will not be personally liable for any loss to the trust property by their decision, unless they are found guilty of fraud. (9) In case of failure of the trust for want of its object or trust having become impossible of performance due to any reason, the trustees will apply to the Court for applying the trust funds for similar objects. (10) This trust is a public charitable trust and its property will not be reverted back to the donor or his descendants or any other person. (11) In case any property belonging to the trust is acquired or requisitioned for public purposes, the compensation received shall be invested by the trustees in such securities as they deem fit. (12) The trustees will keep proper accounts of all income and expenses of the trust property and deposit all moneys offered to the deities every week in a bank account. The box in which offerings will be made by the worshippers will be locked and sealed and shall be opened every week by the head priest of the temple in the presence of one trustee, who will sign the register of offerings kept by the trustees. (13) The fund of the trust, including corpus and income of the trust shall not be utilised for any other purpose, than that of the trust hereby created. (14) The approximate value of the property dedicated and comprising the trust estate is Rs . ……….. IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first above written. The Schedule above referred to Annexure WITNESSES 1 Signed and delivered by the within named Donor A 2 Signed and delivered by the within named Trustees B 3. and C Download Word Document In English. 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- WAKF FOR PUBLIC PURPOSES
WAKF FOR PUBLIC PURPOSES THIS DEED of Wakf made at …………..this ……..day…………..of…………..20…………..by A, son of …………..resident of ...................... hereinafter called the wakif. WHEREAS the wakif is absolutely seized and possessed of the land and premises situate at …………..and more particularly described in the Schedule hereunder; AND WHEREAS the wakif having no wife, or children and has sufficient means for his maintenance during his life time and is desirous to dedicate his properties to God Almighty for pious, religious and charitable purposes as recognised by Islam in the manner hereinafter mentioned, AND WHEREAS the properties described in the Schedule hereunder are free from any debt, mortgage, lien or charge or encumbrance whatsoever; AND WHEREAS the value of the said properties is Rs . ...............for the purposes of this deed. NOW THIS DEED WITNESSETH THAT the wakif hereby dedicates all the properties more particularly described in the First Schedule hereto unto God Almighty, for pious, religious and charitable purposes as hereinafter provided and extinguishes all his rights of ownership absolutely and forever and declares as follows: (2) The wakif hereby appoints A, son of …………..resident of …………........................as the first mutawalli of the wakf and has delivered the possession of the aforesaid wakf property to him as such mutawalli. He shall sell the part of the wakf properties mentioned in the Second Schedule hereto and shall construct a Madarsa, which shall be used for imparting Urdu and Islamic culture to the muslim children without any distinction of sect or school of thought. (3) The mutawalli will nominate his successor and thereafter next mutawalli will nominate his successor in office, provided that if any mutawalli dies without nominating a successor or such nominee refuses to accept the office of mutawalliship or becomes unfit or incapable to hold the said office, the mutawalli will be appointed by the court. (4) The mutawalli shall manage the wakf property and shall collect rent and income of the wakf properties and shall pay and discharge taxes, land revenue, cesses, and necessary expenses for repair of the wakf properties. (5) The mutawalli shall utillse the income of the wakf properties after meeting the costs and expenses, etc. for the following purposes or any one or more of them as the mutawalli thinks fit: (i) To maintain and run the Madarsa erected by the wakf; (ii) To provide food and clothes to the poor muslims; (iii) To provide money for the poor pilgrims proceeding to Kaaba Sharif; (iv) To support and assist orphans, aged and invalid persons; (v) To support upkeeping and maintenance of the Imambara at.....................; (vi) To provide money for majlis and other celebrations in connection with the Muharram (6) Subject to the provisions of clause 2 hereof, the mutawalli shall not be entitled to sell, mortgage or otherwise alienate the properties of the wakf or any part thereof; Provided that wakf properties can be sold, mortgaged or disposed off with the permission of the court. (7) The mutawalli will be entitled to remuneration of Rs . …………..per month for his maintenance, which can be increased with the previous permission of the court depending upon the rising cost. The mutawalli will also be entitled free residential quarter in the building of Madarsa for himself and family. (8) The mutawalli shall maintain proper books of accounts of the income and expenditure of the wakf properties and the said accounts shall be audited each year by a chartered accountant. The copy of the audited account and balance sheet will be submitted by the mutawalli to the public authorities as required by law. (9) In the case of any doubt or difficulty in implementing this deed, the mutawalli shall apply to the Civil Court and obtain and comply with directions as may be issued by the said court. IN WITNESS WHEREOF the wakif has signed this deed on the date and year first hereinabove written. The First Schedule above referred to The Second Schedule above referred to WITNESSES Signed and delivered by the within named wakif A 1. 2. Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)
- DEED WAKF ALAL AULAD
DEED WAKF ALAL AULAD THIS DEED of Wakf alal aulad is made at …………..the......................day of 20 …………..by M, son of N, resident of..................... hereinafter referred to as the wakf. WHEREAS the wakf is absolutely seized and possessed of the land and premises situate at …………..and more particularly described in the First Schedule hereunder; AND WHEREAS the said wakf is the absolute owner of the securities, investments and movable properties more particularly described in the Second Schedule hereunder; AND WHEREAS by the branch of Mahomedan Law by which the Wakf is governed, he is entitled to declare a wakf for the benefit of his heirs and descendants and in the event of extinction of the line of his descendants for the benefit of the poor muslims in the manner hereinafter appearing; AND WHEREAS the value of the properties for the purposes of this Deed is Rs . ...................... NOW THIS DEED WITNESSETH THAT, in consideration of the premises, the wakf hereby declares a wakf of all those immovable properties, shares, investment and movable properties more particularly described in the First and Second Schedules hereto and dedicates the same for the benefit of the wakf, his family, children and descendants and in case of extinction of his line of descendants for the use and benefit of the muslims as hereinafter stated. (2) The wakf appoints himself to be the first mutawalli of the said wakf during his life time with absolute power of management thereof and after his death, any person nominated by the wakif in his life time,failing which his eldest son shall be the next mutawalli. On the death of such mutawalli, the person nominated by him failing which the eldest son or daughter of the mutawalli shall be appointed as the next mutawalli. (3) The wakf properties and assets will be managed by the mutawalli to the best of his ability. He shall be entitled to collect rents, profits and income of the properties and assets of the wakf and give proper receipts. The rates, land revenue, taxes, and assessment and expenses for carrying out repairs in respect of the properties and assets of the wakf will be paid out of the profits and income of the properties and assets of the wakf. If the mutawalli is a minor or a person of unsound mind, his guardian appointed by the court shall manage the properties and assets of the wakf. (4) The mutawalli shall be entitled to receive the net income of the properties and assets of the wakf, which shall be utilised by him for his maintenance and maintenance of his family and such heirs or heirs of the previous mutawalli or mutawallis in his/her discretion (5) The mutawalli shall not have the power to sell, mortgage or otherwise alienate any of the properties and assets mentioned in the First Schedule hereto or any part thereof, except by lease for a period not exceeding five years. at a time, but he may vary or convert into cash the securities, investments and movable properties mentioned in the Second Schedule hereto. However, the mutawalli can sell, mortgage or otherwise, alienate any of the immovable properties and assets with the previous order of the court. (6) The mutawalli shall maintain proper accounts of the income and expenditure of the properties and assets of the wakf and all surplus moneys as shall not be required for immediate use shall be deposited in a bank account. The accounts of the wakf shall be audited each year and the copy of the audited accounts and balance sheet will be submitted to the statutory authorities. (7) On the extinction of the line of descendants of the wakif, the mutawalli shall use the income and profits of the properties and assets of the wakf for the use and benefit of the poor muslims in such manner line of as he thinks fit. IN WITNESS WHEREOF I, the said …………..have hereunto set my hands to this writing the day and year first hereinabove written. The First Schedule above referred to The Second Schedule above referred to WITNESSES Signed and delivered by me, the within named 1. 2. Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)
- FORM OF MEMORANDUM OF ASSOCIATION OF NON PROFIT MAKING COMPANY
FORM OF MEMORANDUM OF ASSOCIATION OF NON PROFIT MAKING COMPANY 1. The name of the company is . ....................... 2. The registered office of the Company will be situated in the State of .................. 3. The objects for which the company is established are: …………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..……… of all such other lawful things as are incidental or conducive to the attainment of the above objects: Provided that the company shall not support with its funds, or end eavour to impose on, or procure to be observed by its members or others, any regulation or restriction which, if an object of the company, would make it a Trade Union. 4. The objects of the company extend to the ………….. (here enter the name of the State or States, and country or countries). 5. (1) The income and property of the company, when so ever derived, shall be applied solely for the promotion of its objects as set forth in this Memorandum. (2) No portion of the income or property aforesaid shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise by way of profit, to persons who, at any time are, or have been members of the company or to any one or more of them or to any persons claiming through any one or more of them. (3) Except with the previous approval of the Central Government, no remuneration, or other benefit in money or money's worth shall be given by the company to any of its members, whether officers or servants of the company or not, except payment of out of pocket expenses, reasonable and proper interest on money lent, or reasonable and proper rent on premises let to the company. (4) Except with the previous approval of the Central Government, no member shall be appointed to any office under the company which is remunerated by salary, fees, or in any other manner not excepted by sub clause (3). (5) Nothing in this clause shall prevent the payment by the company in good faith of reasonable remuneration to any of its officers or servants (not being members) or to any other person (not being a member), in return for any services actually rendered to the company. 6. No alteration shall be made to this Memorandum of Association or to the Articles of Association of the company which are for the time being in force, unless the alteration has been previously submitted to and approved by the Regional Director. 7. The liability of the members is limited. 8. (For companies limited by guarantee): Each member undertakes to contribute to the assets of the company in the event of its being wound up while he is a member or within one year afterwards, for payment of the debts or liabilities of the company contracted before he ceases to be a member and of the costs, charges and expenses of winding up, and for adjustment of the rights of the contributories among themselves such amount as may be required not exceeding a sum of Rs . ...................... (For companies limited by shares): The share capital of the company will consist of Rs . …………..divided into ......................shares of …………..rupees each. 9. True accounts shall be kept of all sums of money received and expended by the company and the matters in respect of which such receipt and expenditure take place, and of the property, credits and liabilities of the company; and, subject to any reasonable restrictions as to the time and manner of inspecting the same that may be imposed in accordance with the regulations of the company for the time being in force, the accounts shall be open to the inspection of the members. Once at least in every year, the accounts of the company shall be examined and the correctness of the balance sheet and the income and expenditure account ascertained by one or more properly qualified auditor or auditors. 10. If upon a winding up or dissolution of the company, there remains, after the satisfaction of all the debts and liabilities, any property whatsoever, the same shall not be distributed amongst the members of the company but shall be given or transferred to such other company having objects similar to the objects of this company, to be determined by the members of the company at or before the time of dissolution or in default thereof, by the High Court of Judicature that has or may acquire jurisdiction in the matter. 11. We, the several persons whose names, addresses, descriptions and occupations are hereunto subscribed are desirous of being formed into a company not for profit, in pursuance of this Memorandum of Association: Names, addresses, descriptions and occupations of subscribers: 1. …………..…………..of…………..………….. 2. …………..…………..of…………..………….. 3. …………..…………..of…………..………….. 4. …………..…………..of…………..………….. 5. …………..…………..of…………..………….. 6. …………..…………..of…………..………….. 7. …………..…………..of…………..………….. Dated the …………..day of …………..20 ………….. Witness to the above signatures of Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- FORM OF NOTICE TO BE GIVEN BY THE PROMOTERS OF NOW PROFIT MAKING COMPANY
FORM OF NOTICE TO BE GIVEN BY THE PROMOTERS OF NOW PROFIT MAKING COMPANY NOTICE is hereby given that in pursuance of section 25 of the Companies Act, 1956, an application has been made to the Government of India for a licence directing that a body about to be formed under the name of the ………….. (here enter the name of the body) …………..the…………..(here enter the name of the company) being a company registered under the Companies Act, 1956 may be registered as a company with limited liability without the addition of the word "Limited" or the words …………..…………..…………..…………..…………..…………..…………..…………..…………..………….. "Private Limited" to its name. "may change its name by omitting the word "Limited" or the words "Private Limited" from its name. 2. The principal objects of the company are, as follows: 2A. A copy of the draft memorandum and articles of association of the proposed company may be seen at ………….. (give the address here). 3. Notice is hereby given that any person, firm, company or corporation objecting to this application may communicate such objection to the Regional Director within thirty days from the date of publication of this notice, by a letter addressed to the Regional Director of the Company Law Board at Mumbai/Kolkata/Kanpur/Chennai. Dated this …………..day of …………..20…………..Names of Applicants Download Word Document In English. (Rs.5/-) Download PDF Document In Hindi. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)
- ENDOWMENT FOR ESTABLISHING A HINDU TEMPLE
ENDOWMENT FOR ESTABLISHING A HINDU TEMPLE THIS DEED made at …………..the …………..day of .....................20………….. between A, son of………….. resident of ......................, hereinafter called the Founder, of the ONE PART and X, son of resident of…………..Y, son of Shri …………..resident of…………..and Smt. Z wife of ......................resident of …………..hereinafter called the Trustees of the SECOND PART. WHEREAS the founder is the absolute owner of the properties mentioned in Schedule attached hereto, hereinafter referred to as the said properties; AND WHEREAS the founder being desirous of reaping spiritual benefits for himself and his ancestors has constructed a temple and installed the Idol of Shri Vishnu Bhagwan Ji Maharaj therein; AND WHEREAS the founder is desirous of dedicating sufficient properties and funds to the said Idol for the permanent, proper and regular performance of puja and worship of the said Idol. NOW THIS DEED WITNESSETH that in consideration of the premises, the founder doth hereby transfers, conveys and assures unto the said trustees all and singular the properties, securities, investments, fully described In the Schedule hereto; to hold the same unto the said trustees or ever upon trust and with and subject to the terms, powers, provisions and declarations hereinafter mentioned. (2) The trustees shall pay and discharge all expenses and charges properly incurred in or about the execution of the trust and shall spend the residue of income of the temple in providing for maintenance of temple, performance of periodical ceremonies and festivals. (3) The trustees will be authorised to determine what money is required for the purposes of the execution of the said trust and generally to determine all matters relating to the trust and decision of the majority of the trustees on such matters shall be binding and be effectual and shall be carried out. (4) The Trustees shall engage and employ priests and other employees as they think fit for performing the puja in the temple on such salaries or pay as they think fit. At present Pandit ......................son of Pandit …………..is the Pujari of the said temple and he will continue to be pujari, so long as he is capable of performing the puja of the temple and after he retires, the trustees may employ Pujari …………..in his place. (5) The trustees will maintain proper accounts of income and expenditure of the properties and assets of the temple regularly and the said accounts will be audited annually by a Chartered Accountant. (6) The trustees will not be personally liable for any loss to the properties and assets of the trust, unless the trustees are guilty of fraud. (7) If any trustee or all of them shall die or be desirous of being discharged from or refuse or become unfit or personally incapable to act in the said trust or accepts an inconsistent trust or becomes bankrupt or found guilty by court of an offence involving moral turpitude or becomes insolvent or remains absent from India for a period of six of new months, then the new trustee or trustees will be appointed by the District Judge in the place of the trustee or trustees so desiring to be discharged or refusing or becoming unfit or incapable to act as aforesaid or declared bankrupt or found guilty of an offence of moral turpitude or declared insolvent or remaining absent from India for a period of six months and upon every such appointment the said assets and properties of the trust shall be transferred so that the same may be vested in the trustees or trustee for the time being and every trustee so appointed shall act and assist in the execution of the said trust as fully and effectually as if he had virtually been appointed a trustee by the founder provided that the number of trustees of the said trust shall never be more or less than three. (8) The trustees may sell the assets and properties of the trust or aq part thereof for the purpose of investing the sale proceeds on more profitable securities. (9) The temple will be open to Hindus of all castes and creed and they may enter into and worship the said deity. (10) This is a public charitable trust and the properties and assets of the trust shall not revert to the founder or his descendants or to any other person. (11) The trust fund including the corpus and the income there from shall be utilised for the purposes of this trust and will not be utilised for any other purpose. (12) For the purpose of stamp duty, the value of the trust property is Rs . ………….. IN WITNESS WHEREOF the parties have hereunto set their hands the day, month and year first above written. The Schedule above referred to WITNESSES Signed and delivered by the within named founder Shri A 1. Signed and delivered by the within named trustees 2. S/Shri X, Yand Smt. Z Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)
- DISCLAIMER BY TRUSTEE
DISCLAIMER BY TRUSTEE THIS DEED made at ……..this day of ……..20 ……..by Shri A, son of ……..resident of ……..hereinafter referred to as said 'A'. WHEREAS X, son of resident of ……..executed a deed of Trust dated ……..and thereby transferred, conveyed and assured the estates and properties mentioned therein unto the said A, B, C upon trusts and for purposes thereby declared. AND WHEREAS the said A has not accepted the office of trustee of the said trust and acted in execution or management of the said trust and has declined to act or interfere in the execution and management of the said Trust. NOW THIS DEED WITNESSETH THAT I, the said A has disclaimed and renounced and doth by these disclaim and renounce the said trust, estates, properties, assets and the office of the trustee in the said trust and all powers, rights, privileges and authorities whatsoever conferred to me under or by virtue of the said Deed of Trust. IN WITNESS WHEREOF the above named A, has hereunto set his hand on the day and year first hereinabove written. WITNESSES 1 Signed and delivered by the within named A 2. Download Word Document In English. (Rs.5/-) Download PDF Document In Hindi. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)
- MEMORANDUM OF ASSOCIATION WITH REGULATIONS OF A SOCIETY TO BE REGISTERED UNDER THE SOCIETIES REGISTRATION ACT
MEMORANDUM OF ASSOCIATION WITH REGULATIONS OF A SOCIETY TO BE REGISTERED UNDER THE SOCIETIES REGISTRATION ACT Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/) Memorandum of Association of .............................. 1. Name of the Society. The name of the society shall be .......................... 2. Registered Office. The registered office of the Society shall be situated, in the State of ....................... 3. Alms and objectives. The aims and objectives of the Society shall be: (i) To conduct and promote the study and dissemination of knowledge and research on Commerce and International Trade. (ii) To undertake any project or activity which in the opinion of the governing council may be usefully carried out by the Institute for furtherance of development of commerce and foreign trade. (iii) To organise teaching and training courses, conferences, seminars, lectures and similar other activities on subjects of theoretical or practical relevance for education on commerce and foreign trade. (iv) To publish, journals, reports, pamphlets, books, booklets, research papers, etc. in furtherance of the objectives of the Institute. (v) To provide consultancy service under its auspices or through its faculty to Chambers of Commerce, Universities, Central and State Governments, Institutions, Organisations, International Organisations and other Institutions or individuals. (vi) To establish and maintain regional centres to promote the objectives of the society. (vi) To establish, acquire, maintain and manage facilities such as offices, residential accommodation for the staff, hostels, library, computer centres, etc. (viii) To acquire by way of purchase or gift or to take on lease or hire or otherwise temporarily or on permanent basis any movable or immovable property for the purposes of the Society. (ix) To sell, assign, mortgage, lease, exchange, transfer or otherwise deal with all or any property movable or immovable of the Society in the way it may find it necessary and to take necessary action for proper maintenance of any such building, movable or immovable property. (x) To borrow or raise or secure the payment of money by issue of bonds, securities or in such manner as the society shall deem fit. (m) To draw, accept, make, endorse, discount, execute, sign, issue or otherwise deal with cheques, hundies, drafts, certificates, receipts, Government securities, promissory notes, bills of exchange or other instruments and securities whether negotiable or transferable or not. (xii) To appoint lecturers, faculty members, research scholars and other staff in accordance with the Rules of the Society. (xiii) To make rules and bye laws for the conduct of the affairs of the society and to add, to amend, vary or rescind them from time to time. (xiv) To do any and all other lawful things as the society may deem fit for the attainment of all or any of its objectives. 4. Governing Council. The names, addresses and occupations of the first members of the Governing Council of the Society to which the management of its affairs is entrusted are: _________________________________________________________________________________________ SI. No. Name & Designation Occupation & address 1. 2. 3. 4. 5. 6. 7. _________________________________________________________________________________________ We, the several persons whose names and addresses are given below, having associated ourselves for the purpose described in this Memorandum of Association set out under several and respective hands hereunto and form ourselves into a Society under Act XXI of 1860 this…………..day of …………..20 _________________________________________________________________________________________ SI. No. Names, addresses Signature of Specimen Signature and occupations members of witnesses of members _________________________________________________________________________________________ 1 . 2. 3. 4. 5. 6. 7. ________________________________________________________________________________________ Rules and Regulations of …………… 1. The Institute that is established under these Rules and Regulations shall be known as…………..The Institute shall not be operated for profit and no part of its income shall accrue to any of its members or its office bearers or members of theGoverning Council, provided that nothing herein contained shall prevent the payment in good faith of remuneration, honoraria, perquisites, facilities or benefits of any nature whatsoever to any members of the Governing Council, office bearer or any one else as the G6verning Council thinks fit in return for any service rendered to the Society. 2. The alms and objectives of the Institute shall be as given in the Memorandum of Association. 3. The Registered Office of the Society shall be situated in or at such other place as the Governing Council may from time to time determine. 4. In these rules, unless the context requires otherwise: (a) "The Society" and 'Institute" means (b) "Council" means the Governing Council which under rule 5 is constituted to be the Governing Council of the Institute. (c) 'Director" means the Director of the Institute appointed as per 7(iii) below. 5. (i) The first Chairman and members of the Governing Council shall be as specified in the Memorandum of Association of the Society and shall hold office until the Governing Council is reconstituted under sub rule (fl). (ii) As soon as may be from the date of registration of the Society under Societies Registration Act, 1860, the Governing Council shall be reconstituted and shall be composed of not more than 15 members. The Members shall include representatives of Chambers of Commerce, Universities, professional Institutes imparting education in commerce and foreign trade. The members of the Governing Council in its first meeting will elect a member amongst them to be the Chairman, who shall hold office for a period of three years. The members of the Governing Council shall hold office for a period of three years. (iii) If any vacancy arises in the Governing Council, the same shall be filled in by the Governing Council. (iv) If a vacancy in the office of a member of the Council has occurred, the continuing members shall act as if no vacancy had occurred and no act or proceedings of the Council shall be deemed invalid merely by reason of a ,vacancy in the Council or of a defect in the appointment of a person acting as a member. (v) The Council shall meet at least once every month. 6. The general superintendence, direction and control of the affairs and funds of the Society shall be vested in the Governing Council which may exercise all powers and do all acts and things which may be exercised or done by the Society. 7. (i) Without prejudice to the generality of the power under rule 6 above, the Council shall determine: (a) Financial and managerial policies; (b) Salaries and allowances to be paid to, lecturers, faculty members, research scholars, officers and other staff members appointed by society; (c) Establishment and maintenance of Provident and other benefit funds for officers and other employees of the Society; (d) Any other matter which is to be or may be provided; (ii) The budget and activities to be undertaken by the Society shall be approved by the Council. (iii) The Director of the Institute shall be appointed by the Council. The Director shall not be entitled to participate in the deliberations of the Council which concern his tenure, emoluments, allowances and other conditions of service. 8. The Director shall be the Chief executive officer of the Institute and he shall be responsible for the formulation, management and administration of all programmes, projects and other activities of the Institute. He shall be authorised to enter into contracts and agreements on behalf of the society subject to policy guidelines and annual budget authorisations established by the Council and to disburse funds. The Director shall also be authorised to employ such professional, technical, clerical, maintenance and other administrative staff as are required to carry out and perform the programmes of the Institute in accordance with the sanctioned strength and subject to the service regulations approved by the Governing Council. 9. The Council may appoint Committees or sub committees for such purposes and with such powers as it may consider necessary or desirable. The Committee or subcommittee constituted by the Governing Council shall meet at such times and at such place as may be determined by the Committee or sub committee, as the case may be. 10. All resolutions of the Governing Council or its committees or sub committees shall be passed by majority of the Governing Council, or its Committee or its subcommittee as the case may be. 11. The Financial year of the society shall be from the 1st January of each year to the 31st December of the same year. 12. The Society shall maintain books of accounts and other books relating to its income and expenditure. The Society shall prepare income and expenditure statement at the close of the annual accounts. The accounts of the Society shall be audited by such qualified auditors as the Council may appoint. A copy each of the annual accounts of the Society together with the audit report thereto furnished to the statutory authorities in accordance with the law and rules made by the Government from time to time. 13. The Society may sue or be sued in the name of the Directors of the Society. 14. The dissolution of the Society and adjustment of its affairs shall be in accordance with sections 13 and 14 of the Societies Registration Act, as amended from time to time or in accordance with the provisions of any other law relating thereto. We, the several persons whose names and addresses are given hereto being members of the Governing Council of the certify the above to be a correct copy of the Rules of the said Institute Signed by: ..............................
- TRUST DEED FOR PROVIDING MEDICAL FACILITIES TO POOR PERSONS
TRUST DEED FOR PROVIDING MEDICAL FACILITIES TO POOR PERSONS Download Word Document In English. (Rs.35/-) Download PDF Document In Hindi. (Rs.35/-) Download PDF Document In Marathi. (Rs.35/-) THIS DEED OF TRUST IS MADE on this ………..day of 20 ………..between………..s/o ………..resident of hereinafter called the Settlor (which expression, where the context so admits shall mean and include his successors and assigns) of the ONE PART and (1) Shri X son of late Shri ………..aged about ………..years resident of................... Mumbai 400020 (2) Shri Y son of Shri X aged about………..years resident of ........................ Mumbai 400020 (3) Smt. Z wife of Shri Y aged about ... years, resident of ................... , Mumbai 400020 (hereinafter called the Trustees, which expression shall include the trustees or trustee for the time being hereof) of the OTHER PART. WHEREAS the Settlor is desirous of settling on Trust the sum of Rs 10,090 (Rupees Ten Thousand only) only to be utilized for public charitable purposes. AND WHEREAS the Trustees hereto have given their consent to be the Trustees along with the Settlor for administering the affairs of the Trust in accordance with the terms and conditions hereinafter provided. NOW THIS DEED OF TRUST WITNESSETH AS FOLLOWS: In pursuance of the premises above, the Settlor does hereby settle upon and convey unto the Trustees the sum of Rs. 10,000 (Rupees Ten thousand only) to hold the same in Trust with the powers and subject to the provisions hereinafter contained concerning the same. (1) Name of the Trust. The name of the Trust shall be "Kumari .................Trust " (2) Office of the Trust. The office of the Trust shall be situate d at ............................. Mumbai 400020 and/or such other place/places as the Trustees may decide from time to time. (3) Names of the Trustees. The names and addresses of first Trustees of the Trust shall be (a) Shri X ………..Mumbai 400020 (b) Shri Y ………..Mumbai 400020 (c) Smt. Z ………..Mumbal 400020 The aforesaid Trustees have also signed this deed in acceptance of the office assigned to them. (4) Tenure of Trustees. The above named first Trustees along with other co opted Trustees shall be Trustees for five years. The Trustees can co opt with mutual consent any other person/s as Trustees. The total number of Trustees at any time shall however not exceed four. On the death of any Trustee, the remaining Trustees shall appoint a person as a Trustee in place of the deceased from among the legal heirs of the deceased. The minimum number of Trustees shall be two. (5) Retirement of Trustees. Any trustee may retire on giving three months notice in writing thereof to others. The trustee shall automatically ceased to be and shall vacate the office of trustee on happening of the following: (i) By death, resignation or retirement; (ii) If he becomes of unsound mind; (iii) If he is adjudged insolvent or if he applies to be so adjudged; (iv) If he has been convicted of any offence for not less than six months; and (v) If he is absent from India without permission of other trustees (which permission if granted will not be withdrawn) for a continuous period of more than six months. (6) Filling of vacancies of Trustees. The vacancies of the trustee shall be filled up by other trustees by majority. (7) Administration of Trust. (1)All the Trustees together be called as the Board of Trustees headed by the Chairman to be elected once in every two years amongst the Trustees. On the death of the Chairman, the person succeeding him shall hold office for two years. The other Trustees shall hold office for a period of five years from the date of appointment or nomination as Trustees. Any question arising in the administration of the Trust shall be decided by vote of the majority of the Trustees as are present and voting at a duly convened meeting, and the Chairman of the Meeting shall have a casting vote in case of equal votes. The Chairman may also take administrative decisions which have to be ratified in the subsequent meeting. The Trustees will be Honorary and will not be entitled to any remuneration. The trustees may also take decision by circulation of trustee matters approved by majority of trustees, after the matter to be so decided have been circulated to all the trustees. (2)The Trustees shall elect from among themselves a Secretary, a Joint Secretary and a Treasurer and they shall hold office for a period of three years. The Trustees shall take charge of the Trust assets and hold and administer the same in accordance with the terms of this Deed. (3)Any Trustee may, at any time resign his office of Trusteeship by giving one month's notice in writing to his co trustees and upon the expiry of the period, such Trustee shall be deemed to have vacated his office. The office of the Trustee falling vacant either by death or by resignation or expiry of 5 years period may be filled by nomination by the Chairman of the Trust. (8) Funds and properties of the Trust The funds and properties of the Trust shall consist of (a) the sum of Rs. 10,000 (Rupees Ten Thousand only) which has been settled by the settlor and put in the Bank A/C No............... at………..Bank of ..................Branch .............. (b) gifts/donations either in cash or in kind which may be made by any Philanthropic Institutions/persons or members of the public who are in sympathy with the aims and objects set out herein including any donations made for any such specified purpose or object. (c) property movable/immovable which may be acquired by the Trust by purchase, exchange, lease, gift or otherwise. (d) income and profits from the properties of the Trust. (e) any fees, charges, etc. as may be collected in the course of any public or private performance by Artist, etc. (9) Objects of the Trust The objects of the Trust will be as under: (a) To render assistance to poor patients by providing finance for surgical operations, providing medicines, etc. provision of health care, preventive medical services (including dental services); (b) Assistance to hospitals in setting up the various facilities such as Blood Bank, Operation Theatre, Eye Bank, Burn Centres' for the poor patients; (c) Provision of outdoor dispensary or assistance thereof and also to run Mobile medical services; (d) To set up hospitals/nursing homes for children/women; (e) To render assistance to the handicapped; (f) To contribute to other social welfare organizations providing medical assistance viz. Red Cross, Cry, etc.; (g) To provide monetary assistance aid for medical treatment to the poor and needy persons. (10) Impossibility of objects of the Trust. If the objects of the Trust become impossible of fulfillment, it shall be open to the Sole Trustee to alter the terms of the Trust and thereupon a new Trust embodying the altered objects shall come into being and such new Trust shall be subject to all the conditions of this Deed. The Trust property shall become the property of such new Trust. (11) Powers of the Trustees. (1) The Trustees shall be competent and are hereby empowered to: (a) Receive any more and further assets in any shape or form as and when given by the Settlor of the Trust, any of the Trustees or any other persons or institutions. (b) Collect funds by donations, subscriptions, grants, presents or contributions. (c) Invest the funds to the extent necessary in accordance with the provisions of section 13(l) read with section 13(5) of the Income tax Act, 1961 or such other sections of the Income tax Act as amended from time to time so that the income of the Trust will be exempt from Income tax. (d) acquire on lease, or otherwise, sell, mortgage, lease out or transfer in any other manner properties (movable or immovable), construct buildings and effect other improvements for the purpose of the Trust. (e) Help and render relief to the poor In all possible way. (f) Make donations or contributions for attaining and in furtherance of the objects of the Trust. (g) Borrow for the purpose of the Trust on personal credit of the Trustees with or without charges or responsibility upon the assets of the Trust. (h) Meet necessary expenses to be incurred in connection with the execution and administration of the Trust. (i) Establish centers in different parts of the country for carrying out the objects of the Trust. Do all or any of the aforesaid things, transactions or matters and do all such other things as are incidental or conducive to the attainment of the aims and objects of the Trust. (2) None of the powers enumerated above will be deemed to authorize the carrying on of any activity for profit by the Trustees and these powers shall be exercised by the Trustees in such manner that the income of the Trust will be totally exempt from tax under sections 11, 12 and 13 of the Income tax Act, 1961 or such other sections or clauses as amended from time to time. (3) All or any of the powers vested in or exercisable by the Trustees as per this Deed of Trust shall be capable of being performed or exercised by a majority of the Trustees present at the meeting of the Trustees and any action or decision of such majority shall be valid and effective as it would have been if done by all the Trustees. (4) The Trustees, if they so choose and for the benefit of the Trust may delegate by means of a resolution in writing any or all of their powers to any one or more of them or any other person for such time and purpose as they deem fit. (12) Reimbursement of expenses and remuneration. The Trustees shall be entitled to receive and be paid out of the Tsust Fund, all out of pocket including traveling and other expenses reasonably and legitimately incurred by them in connection with Trust matters and incurred for attending any meetings of the Trustees or any committee thereof. Save as aforesaid the Trustees including the Managing Trustee shall not be entitled to any remuneration for serving as such; provided that the Trustees may employ any of the Trustees being engaged in any profession or business, or in a firm of which he shall be a member, to do any act or transact any business (whether or not an act or business which only a person engaged in that profession or business can do) and may pay such charges for the act or business done by him or his firm as aforesaid as he or they might make or recover if the Trustee or whose firm may be so employed was not a Trustee. (13) Meetings of the Trustees. (11) The meeting of the Trustees shall be presided over by the Chairman of the Trust and in his absence, the Trustees present in the meeting shall elect one of them to preside over that meeting. (2) The Trustees shall meet from time to time as and when necessary to transact business and for considering the betterment of the Trust and its assets. The President of the Trust or the President of the meeting, as the case may be, shall have a casting vote in case of equality of votes. Fifteen days notice of all meetings of the Trustees shall be given to all Trustees either by Registered Post or in any other manner as decided by the Trustees. The quorum for the meeting shall be one third of the total number of Trustees. In case there is no quorum at the time fixed for the meeting, the meeting shall stand adjourned. The postponed meeting is entitled to transact its business without waiting for the quorum, but it shall not undertake any matter for consideration which is not announced in the agenda of regular meeting. (3) A Minutes Book shall be maintained at the office by the Board of Trustees. Minutes, of all meetings, appointment and entry into the office of every new Trustees and all other proceedings of the Board of Trustees shall be entered and recorded in such Minutes Book and shall be signed by the Chairman of the meetings either at the conclusion thereof or at a subsequent meeting when they are duly confirmed. (14) Removal of Thistee. The Board of Trustees may remove from office any Trustee if in their opinion such Trustee has ceased to represent the interest which he purports to represent on the Board; provided that reasonable opportunity is given to such Trustee to make any representation against the proposed action. (15) Delegation of power by the Chairynan. The Chairman shall at all times during his continuance in the office, have the right to delegate his powers to any of the remaining Trustees or to other attorneys or agents, with the prior consent of the Board of Trustees. (16) Alteration of rules for governance of the Trust. The Trustees, by a majority, are empowered to alter the rules governing the administration of the Trust in a manner or inconsistent with the objects of the Trust; provided that such amended rules are in no way repugnant to the provisions of Clause 11 of the deed. (17) Trustee's Powers. The Trustees shall have all powers as may be required for the proper conduct of the affairs of the Trust. (18) Bank accounts of the Trust The Trustees may open an account or accounts with any Bank/Banks in the name of the Trust to be operated upon by any the Treasurer jointly with the Secretary of the Trust. (19) Investment of Funds of Trust. The surplus funds of the Trust which have not been spent in any year shall be invested in the modes prescribed under the provisions of the Indian Trusts Act, 1882. (20) Acquisition and sale of the Trust Properties. The Trustees shall at their discretion, acquire, purchase or sell immovable properties or moveable properties in the course of managing the Trust. However, any sale of immovable property shall require prior consent of at least :Y4 the majority of the Trustees. (21) Dissolution of the Trust in the event of dissolution or winding up of the Trust, the assets remaining as on the date of dissolution shall under no circumstances be distributed among the Trustees/members of the Board, but same shall be transferred to another charitable trust, society, whose objects are similar to those of this Trust and which enjoys recognition under relevant section of the Income tax Act, 1961. (22) Income of Trust not to be applied for the personal benefit of trustee. No income of the Trust shall be applied for the personal benefit either of the Trustees or of the Settlor. (23) Amendment of terms of the Deed of Trust. No amendment in the terms of this Deed shall be made without obtaining the prior written permission of the Charity Commissioner under the Bombay Public Trusts Act, 1950 and the Commissioner of Income Tax. (24) Achievement of objects of Trust. The objects of the Trust shall be achieved without involving any activity for profit. (25) No benefit to the trustees and the members of their families : The Trustees and the members of their families shall not be entitled for the benefit of the Trust. (26) Trust irrevocable. The Trust formed is irrevocable. (27) Funds/income of Trust to be utilized for objects of the Trust The funds/income of the Trust shall be solely utilized for achieving the objects of the Trust and no portion of it shall be utilized for the benefit of the Trustees by way of interest, bonus, dividend, profit, etc. (28) Benefits of trust open to all Indians. The benefit of the Trust shall be open to all Indians irrespective of caste, creed or religion. (29) Maintenance of Accounts. The Trustees shall maintain proper and regular accounts and such books of account shall be kept at the office premises. Each Trustee shall have right to inspect such books of account during office hours. The annual accounts shall be audited by a Chartered Accountant or a firm of Chartered Accountants who shall be appointed by the Trustees. The financial year shall comprise of twelve months from ………..of one year to and including………..the of the next following year: PROVIDED the first financial year of the Trust shall commence from the date of these presents and………..end of……….. 20 (30) Indemnity of Trustees. The Trustees shall be kept indemnified out of the assets against all legal or other actions, costs of litigation, claims and liabilities arising out of the need to defend the Trust and its properties and assets or out of any deed done by the Trustees in the due discharge of their duties as Trustees. (31) Holding over of Monies for Trust The Trustees may accept grants, gifts, donations, contributions, aids, bequests, legacies or any remittance in cash or in kind and they shall hold the same for the Trust. When cash or cheques are received they shall become part and parcel of the Trust Fund. IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first above written. Signed and delivered In the presence of By the said settlor Shri ........... 1. 2. Signed and delivered By the within named. Trustees 1. 2. 3. In the presence of 1. 2