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DEED OF PRIVATE CHARITABLE TRUST
THIS INDENTURE made this …….day of December Two Thousand Ten by me
DR. TARAK MOHAN DAS, son of late Kshetra Mohan Das, by religion- Hindu,
by occupation- Retired as Professor from the University of Calcutta , residing at
Swet Karabi 24A, Karl Marx Sarani ( formerly known as Circular Garden Reach
Road), Police Station- Watgunge, Post office-Kidderpore, Kolkata – 700023, State
– West Bengal, India, hereinafter called “THE SETTLOR” of the ONE PART
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AND
MRS. NAMITA DAS, Wife of Dr. Tarak Mohan Das, by religion- Hindu, by
occupation- social worker, residing at Swet Karabi, 24A, Karl Marx Sarani,
Police Station – Watgungue, Post Office- Kidderpore, Kolkata – 700023 , State –
West Bengal, India, hereinafter called “THE TRUSTEE” ( which expression shall
unless excluded by or repugnant to the subject and context be deemed to include
the trustee or trustees for the time being of these presents and /or
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survivor or survivors of any of them and their successor or successors in office)
of the OTHER PART.
WHEREAS the Settlor is desirous of creating an endowment for social service and
charitable objects by setting apart and establishing this Trust / Foundation from his
own personal fund for a Private Charitable Trust guided and being run under
Private Charitable Trusts Act and Regulations.
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The Private Charitable Trusts stand in the name of Professor TARAK MOHAN
DAS FOUNDATION FOR DEVELOPMENT OF LIFE SCIENCES and the
office of the Trust / Foundation shall be situated at the Labanya Manjari Das
Bijnan Bhaban, 24A, Karl Marx Sarani, Police Station – Watgungue, Post Office-
Kidderpore, Kolkata – 700023, e-mail: tarakmohandas@yahoo.com.
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The Trust/ Foundation has been created with the objective to disseminate the
knowledge of life sciences and to improve scientific temper among common
people. The objective is being fulfilled by following the two main streams a)
donation and b) creative works.
The Trustees have at the request of Settlor agreed to act the following terms and
provisions hereinafter contained.
The following names of the Trustees with their addresses and present phone
numbers are
1. Prof. Tarak Mohan Das – The Managing Trustee & Treasurer,
hereinafter called Director,
Swet Karabi, 24A, Karl Marx Sarani, Kolkata – 700023.
Phone No. 2459-7331 & 6415-0599,
e-mail: tarakmohandas@yahoo.com.
2. Mrs. Namita Das- The Secretary,
Swet Karabi, 24A, Karl Marx Sarani, Kolkata – 700023.
Phone No. 2459-7331 & 6415-0599,
e-mail: tarakmohandas@yahoo.com.
3. Sri Samar Datta ,
13, Gopal Ghosh Lane, Kolkata – 700023,
Phone- 2448-3506, Mob- 9836197998.
4. Dr.Satya Kinkar Pal, Jt. Asst. Secretary No.I,
1/C, Madhab Lane, Kolkata -700025
Phone No. 2474-9979, Mob: 9433473598.
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5. Sri Arun Prakash Gupta,
Madhu Malati, 23, Karl Marx Sarani, Kolkata – 700023,
Phone No. 2459-8094, Mob: 9830044446
6. Sri Aloke Mookerjee ,
Bakulia House, 2, Bishu Babu Lane,
Kolkata – 700023, Phone- 2459-6360
7. Sri Amitava Chakraborti,
21, Manasatala Lane, Kolkata – 700023,
Mob- 9051124155
8. Dr. Pradeep Sen,
Swet Karabi, Apt. No. IV, 24A, Karl Marx Sarani, Kolkata – 700023,
Phone No. 2459-2482, Mob:- 9433336447
9. Dr. Alka Sen,
Swet Karabi, Apt. No. IV, 24A, Karl Marx Sarani, Kolkata – 700023,
Phone No 2459-2482, Mob: 9830211280
10. Sri Santanu Bhattacharya, Jt. Astt. Secretary No.II,
42/1, Manasatala Lane, Kolkata – 700023,
Mob: 9231588847.
11. Dr. Tripti Das,
P-32, Udayan Park, Behala, Kolkata – 700053
Phone No. 2403-5300
12. Sri Abhik KumarDas ,
P-32, Udayan Park, Behala, Kolkata – 700053
Phone No. 2403-5300, Mob:-9748711171
e-mail abhik07@gmail.com
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NOW THIS INDENTURE WITNESSETH as follows:-
1. The Safe Custody Fund.
The Foundation Safe Custody Fund is created with Rs. 10,000( Ten Thousand
only) from initial donation of Prof. Tarak Mohan Das.Further assistance (cash/
kind) will be received from Prof. T.M.Das and other people/ organization in
future. With fixed deposits a Safe Custody Fund shall be opened with the State
Bank of India, Kidderpore Branch. Under no circumstances this fund (i.e.
Fixed Deposit Account) shall be cashed or transferred or mortgaged or donated
to any one in future. Only 50% of interest drawn quarterly can be utilized. The
Annual Savings from other incomes of the Foundation also shall be credited to
the Safe Custody Fund yearly. Thereby the growth of the Safe Custody Fund is
guaranteed.
2. Quarterly Meetings and Agenda
The Prof. T. M. Das Foundation shall be run by a Board of Trustees
/Governing Body with the help of a Board of Advisors ; the names of Members
of respective Boards are given elsewhere. All resolutions shall be taken jointly
with the approval of majority of the members of the Board of Trustees. The
Director shall retain the casting vote. Attendance of 5 Members from the Board
of Trustees shall form the quorum. In any meeting, if the quorum is not
fulfilled the same may be held within 30 days without restriction of fulfilment
of quorum. It is mandatory to hold four Quarterly Governing Body Meetings
per year preferably on the afternoon of 3rd Sunday of January, April, July and
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October. The Director with the help of Secretary and Jt.Assistant Secretaries
shall call these meetings on a prior notice at least 7 days in advance, in which
all the Members of Trustee Board and, if necessary, a few members from
Advisory Board ( to receive special advice, but without voting right), shall be
invited under special circumstances, an Emergent Meeting can be called by
the Secretary on the instruction of the Director at any day on 3 days’ notice,
with same restriction of quorum.
Agenda of the Meeting shall include (1) Confirmation of proceedings of the
last meeting. (2) Progress Report. (3) Financial Report ( which shall include
the exact current figure of Safe Custody Fund and amount of FDR made during
the last 3 months. Income from other sources. Expenditure incurred on
donation and creative work and running of the Foundation)(4) Future
Programme of work.
The Director with the help of Jt. Assistant Secretaries and Internal Auditor
shall prepare and present the Financial Report. The Caretaker shall help Bank
operation, dispatch of notices and arrangement for high tea. Members living
out side Kidderpore shall receive actual conveyance charge for attending the
Board Meeting.
3.Disbursement of Income Towards Donations and Creative Activities
Seventy Percent (70%) of all incomes ( after mandatory depositing in the Safe
Custody Fund) shall be disbursed on Donations and Creative Activities. It is
purely a scientific trust. Donation should be given on scientific purpose related
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to life science and developing scientific temper among the common people.
Grants should be given to IABS and IACT for special occasions. Grants given
to Michael Madhusuhan Library and other Science periodicals should continue
Grants.
Application of grant from a new organization shall be entertained only after
fulfilment of the requirements printed in the Appendix. Regarding Creative
Activities: ‘English Version of DNA Molecule ‘ and ‘World Under the
Microscope’ and Bengali Version of ‘ Inside the Living Cell’ should be
completed first. Bengali and English books with above mentioned VCDs shall
be published with the help of the publisher, Jnan Bichitra. Some amount of
money should be spent for publicity-drive in schools, colleges and other
science institutions for selling VCDs and books of the Foundation. Books with
VCDs may be donated to the local schools , during their prize-distribution .
Plan of making new science VCDs should be entertained.
Thirty percent ( 30%) of all incomes shall be spent on running and
maintenance cost of the Foundation including postage, printing , conveyance ,
high tea, bank charges , etc. The caretaker Anadi Pandua or any other person
shall assist the Secretary in dispatching meeting notices, bank operations and
arranging high tea during the Board meetings.
4.Number of Members of Executive and Advisory Boards, Election
Procedures, Induction of New Board Members, Power, Duties and
Responsibilities of Board Members.
Number of Members of the Board of Trustees ( Governing Body) shall be 12,
number of Exofficio Members shall be 15 and number of Members of
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Advisory Board (nominated members) shall be 35, total number of Members
being 62. They are nominated by Prof. T.M. Das. Names and addresses of 62
Members are given elsewhere.
The tenure for the Board of Trustees shall be for five years.
All the 12 Members of the Board of Trustees shall be elected by the majority
of the votes of the 62 Members of the Foundation. The first election will be
held during the Annual General Meeting of 2015. Minimum 60 days before the
election, the Secretary shall send the letters to 62 Members announcing the
date of election with the inclusion of the names of 15 nominated Members by
the outgoing Board of Trustees for various posts of office bearers and
requesting them to propose new names from the 62 Members if they feel
necessary. Their reply shall reach the Secretary 30 days before the date of
election. The ballot paper with all the names and the invitation card of Annual
General Meeting shall be sent by the Secretary to the 62 Members 15 days
before the election. The ballot papers will be counted and result will be
declared on the date of AGM . The new Board of Trustees will take the charge
within 15 days after the election. If any Member is defeated in the election he
or she will automatically come to as a Member of the Advisory Board.
Replacement and Expulsion of Members:
Any Member ( barring the Director and the Secretary) of the Board of Trustees
who fails to attend five consecutive quarterly meetings of the Board of
Trustees will be replaced by a suitable Member with requisite qualification ( as
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stipulated in the Induction of New Member) from the Advisory Board
including Ex-officio Members through the majority of votes of the Members of
the Board of Trustees at any quarterly Board Meeting. After replacement , the
former Executive Member, shall however come to as Advisory Board Member.
The Governing Body also can expel a member after thorough enquiry if he or
she acts against the interest of the Foundation or violates any regulation of the
Foundation or convicted in a criminal case. Any Trustee may retire at any time
with assigning valid reason.
Induction of New Members:
On demise or resignation or expulsion of a Member ( barring Members of
Board of Trustees and Ex-officio Members) a new Member from outside can
be inducted. His or her name shall be proposed by one of the standing
Members with all the credentials and elected by the majority of votes in the
Annual General Meeting. As it is a Science Trust, the new Member must have
a graduate degree in biological Science or medical science or engineering or
chartered accountant or an Ex High Court Judge or an Ex Vice - Chancellor of
a University. The same sort of qualification must be possessed by the persons
who would be nominated for the post of Director or Secretary or Asstt.
Secretary of the Board of Trustees.
The Power , Duties and Responsibilities of the Board of Trustees:
The Board of the Trustees, shall have the power and responsibility to perform
all necessary acts to look after the properties of Prof. T.M. Das as per Will of
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Prof. T.M.Das and run the administration works of the Foundation as
stipulated in the Item Nos. 2 and 3. The Board of Trustees can co-opt not more
than three members with voting right from the Board of Advisors to facilitate
the work. They can form various sub-committees for organizing or promoting
scientific activities, take all necessary action to protect the properties of Prof T.
M. Das and represent in the existing and future law suits related to these
properties and also take all other actions which are found necessary for
running the Foundation properly.
The Power, Duties and Responsibilities of the Director:
He shall manage and look after overall activities of the Foundation with the
help of Secretary and Jt. Asst. Secretaries and Internal Auditor. He shall keep
account, present financial report, disburse income as per Regulation stipulated
in Item Nos. 2 and 3 .
Duties of Secretary :
With the help of the caretaker and Jt. Asst. Secretaries he shall call meetings,
present Progress report, maintain and implement the proceedings of the
meetings and all such necessary work for running the Foundation. In the
Annual Report he shall include the activities and progress of 3 sister science
organizations e.g. IABS, IACT and ESDSC . In this report he shall also
incorporate follow- up actions of past donations. It is a sad experience that in
many cases the proper utilizations of the donations has not been made; hence a
follow- up action is very much necessary. He shall also publish Foundation
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Profile once in every 3 years containing objectives, activities and progress of
the Foundation. List of past publication of books, VCDs, DVDs also shall be
incorporated.
Duties of Jt. Asstt. Secretaries:
Jt. Astt. Secretaries shall assist the Secretary as well as the Director in all the
activities of the Foundation, specially calling of meetings, maintaining Bank
Accounts with the help of internal auditor and caretaker.
Duties of Internal Auditor: He shall prepare quarterly and annual Audit
reports.
Duties of Members of Board of Trustee:
All the Members of Board of Trustee shall help the Director and Secretary to
run the Foundation.
Duties of Exofficio Members:
Exofficio Members shall render active help and advice in proper functioning
of the Foundation , specially disbursement of income on donations and creative
work arrangement etc. as per item Nos. 1 and 3.
Duties of Advisory Board Members:
Members of the Advisory Board shall assist the Board of Trustees in all the
activities of the Foundation and enrich it with their advice and active help in
realization of income and its utilization as per regulation.
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Duties of Caretaker:
The Caretaker shall look after and guard the property , take care of gate
maintain the fountain, garden, meticulous cleaning of courtyard, passages, the
apartment of Prof. T.M. Das. Operate bank account, pay tax bills, electricity
bills and telephone bills and dispatch meeting notices and arrange high tea in
the meetings. He is accountable to the Director, Secretary and Jt. Astt.
Secretaries.
5. Arrangement for current incumbent upto the First Election:
The nominated Board of Trustees along with the Board of Advisors and Ex-
officio Members as mentioned in the deed shall run the Foundation till the date
of First election. During this period in the event of demise of the present
Director or Secretary ,Sri Tapas Das, son of Prof. T. M. Das and Dr. Balaka
Das, daughter of Prof. T.M. Das shall be the Director and Secretary ,
respectively. If they are unable to come to India Mrs. Namita Das will be the
Director and one of the Jt. Asst. Secretaries will be the Secretary. In the event
of demise of Mrs. Namita Das, under Direction of Jt. Asst. Secretaries the First
election shall have to hold on an immediate suitable date earlier than 2015 .
Prof. T. M. Das may make some addition and alteration regarding the
nominated names, if he feels necessary, before the First election.
6. Annual General Meeting:
The Annual General Meeting shall be held along with the Quarterly Meeting of
the April in which all the Members of the three sister science organizations and
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a number of scientists shall be invited to participate in a seminar. A
comprehensive Secretary’s Report and Audited Report shall be placed with
appointment of an Auditor.
A trustee / Member who is unable to be present at a meeting of the trustees
may send his views on the agenda in writing and such expression of opinion
shall be taken to be his vote on the matter concerned.
7. Financial Year
The accounting year of the Trust shall be from 1st April to 31
st March. If the
income from the trust property in a particular year is not fully utilized, the
unexpended income, subject to the applicable provisions of the Income Tax
Act, 1961, shall be carried over to the next year or years and spent in such
subsequent year or years for the advancement of any of the object of the Trust.
8. Bank Account
A savings Bank account along with all the Fixed Deposit accounts shall be
opened in the name of Prof. T.M. Das Foundation for Development of Life
Sciences and operated jointly by any two of the following officials: Director,
Secretary, and Jt. Asst Secretary No.II.. The Accounts shall be opened with the
State Bank of India (SBI) at Kidderpore Branch, 78, Diamond Harbour Road,
Kolkata –700023.
9. Audit Report
Every year a Chartered Accountant shall audit the Accounts of the Foundation.
Such Accountant shall be appointed in the Annual General Meeting and his
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remuneration also will be fixed in the meeting . In the statements of Accounts
the Auditor shall show the exact current figures of Safe Custody Fund and
Building Fund. Income and expenditure on different heads and new FD added
to Safe Custody Fund. In this report the auditor also will give the certificate of
physical verification of the inventory of books, equipments and furniture etc.
of Prof. T.M.Das.
10. Members of the Advisory Board with Exofficio Member and Nominated
Members
Ex-officio Members
1. Vice- Chancellor, Calcutta University, College Street, Kolkata – 700073.
2. Pro-Vice-Chancellor, (Academic) Calcutta University, College Street,
Kolkata – 700073.
3. Director, Birla Industrial & Technological Museum, Kolkata – 700019.
4. Director, Bose Institute, Kolkata – 700009.
5. President, Bangiya Bijnan Parisad, Kolkata -700006.
6. President, Indian Association of Biological Sciences, Kolkata – 700019.
7. Editor, Indian Biologist, Kolkata – 700019.
8. & 9 Joint Secretaries, Indian Association for Colour Transparency ,
Kolkata – 700019.
10. Secretary-cum-Treasurer , Environmental , Socioeconomic and Data –
Management Study Centre, Kolkata – 700023.
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11. Director, Institute of Agriculture Science, Calcutta University , Kolkata –
700019.
12. Head, Department of Botany, Calcutta University College of Science,
Kolkata – 700019.
13. Headmaster, Kidderpore Academy, Kolkata –700023.
14. Headmistress, Kidderpore Balika Vidyayatan , Kolkata – 700023.
15. President, Michael Madhusudan Library, Kolkata – 700023.
Nominated Members;
1. Prof. Rathindra Narayan Basu,
196/F/8, Picnic Garden Road, Picnic Park, Kolkata – 700039.
Phone – 3245-3980
2. Sm. Jayashree Datta
78, Raja Rajballav Street, Kolkata – 700003
Phone- 3291-6257, Mob-9831060548.
3. Sri Ajoy Das, Internal Auditor,
Devi Darshan Market, 83, S. P. Mukheree Road, Kolkata – 700026,
Mob:- 9830262704.
4. Sri Tapan Saha,
26 Betai Charan Dutta Lane, Howrah 711101,
Mob:- 9433022145
5. Sri Gautom Majumdar, Computer Expert,
Makarampur, P.O. Bolpur, District Birbhum - 731204,
Mob- 9830125586.
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6. Sri Surendra Nath Sharma,
14, Orphangugne Road, Kolkata – 700023,
Mob- 9330949545
.
7. Sri Debabrata Mondal,
BA 180, Sector I, Salt Lake, Kolkata –700064,
Ph- 6514-1680, Mob-9433080595
8. Md. Yousuf,
3A, Bangali Shahwarsi Lane, B. Block, Flat No.10, Kolkata – 700023
Mob-9330825200/ 9831699700
9. Prof. Anil Kumar De
Flat No.C/27, Udichi Housing Society
P27/1, C.I.T.Scheme VIIM, Kolkata - 700054
Ph- 23550114
10. Sri Netai Mohan Chatterjee
35, Jogendra Ghosal Road, Kolkata – 700057
Phone- 2553-4805
11. Sri Swapan Kumar Banerjee
10C, Jagannath Sarkar Lane, Kolkata – 700023,
Mob- 9830801313
12. Mr. Harry Joseph,
Swet Karabi, Apt. III, 24A, Karl Marx Sarani, Kolkata – 700023,
Phone-2496-4318, Mob: 9830530981
13. Sri Goutam Deb Mukherjee,
77/1A, Manasatala Lane, Kolkata – 700023,
Ph: 24590728
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14. Sri Saroj Roy,
391/19, Prince Anwar Shah Road, Kolkata –700068,
Mob- 9830880755
15. Dr. Mira Bhowmick,
5/24, Vivek Nagar, Kolkata – 700075,
Ph: 2418-4118, Mob: 9433679223
16. Dr. Chhaya Ghosh,
Flat – 4B, 44R, Gariahat Road, Kolkata –700029
Phone- 2440-81660, Mob-9831794749.
17. Justice Asoke Kumar Ganguly,
49, Nazir Lane, Kolkata – 700023
Phone:- 2459-5398
18. Dr. Dilip Biswas,
Biswas Bhavan, AS 120, P.O. Prafulla Kanan, Kolkata – 700059,
Phone- 2571-6629, Mob 9830122646
19. Smt. Indira Banerjee,
196F11, Picnic Garden Road,
Picnic Park, Kolkata-700039
Ph-2344-9080, Mob-9903188808
20. Dr. Animesh Panigrahi,
140A/12, Sarat Ghosh Garden Road, Kolkata 700031.
21. Sri Vivek Mehta
Devi Darshan, 83 S.P.Mukherjee Road, Kolkata – 700026.
Phone No. 2465-6280 (O), 2486-6749 ®
Mob: 9830039379.
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22. Sri Sudip Moitra,
5/1, Bose Para Road, Mohit Colony,
P.O. Barisha, Kolkata – 700008,
Phone- 2445-6787, Mob- 9231593174.
23. Sri G. Panda ,
85, Manastala Lane, Kolkata – 700023,
Phone_ 2459-5028
24. Sri Dwijendra Nath Bandopadhyay ,
Apurbapur, P.O. Singur, District Hooghly, 712409,
Ph- 2630-0318/ 2630-3309.
25. Dr. Rathindra Kumar Chakravorty,
Prasanti , 12B, Gopal Chandra Mukherjee Road, Kolkata – 700002,
Ph- 2557-1605
26. Sri Janaki Ballav Bandopadhyay,
12/1/A, Pitambar Sarkar Lane, Kolkata – 700023,
Ph- 2459-2368
27. Prof. Manoj Sadhu
Mahabir Vikas, D-22 Block-HC, Sector III,
Salt Lake, Kolkata – 700106
Phone No.- 2359-3293, Mob: 9433188866
28. Sri Tarun Kumar Das,
92, Dinabandhu Mukherjee Lane,
P.O. Sibpur, District-Howrah-711101
Mob- 9433244145
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29. Dr. Balaka Das,
2601E, Valley Blvd. Apt.9, West Covina
California 91792, U.S.A. e-mail balakads@yahoo.com.
Ph- 626-964-2312,
30. Sri Tapas Das,
1350 W. Van Buren Street, Apt. 1022 Phoenix
Arizona 85007, U.S.A. e-mail das.t@att.net
Ph- 602-285-1819
31. Prof. Manju Banerjee,
56A, M.C. Chowdhury Road, Kolkata – 700042
Ph-2415-1788
32. Prof. Dibyendu Bikash Hota,
FE 5/6, Sector III,Salt Lake , Kolkata – 700106
Ph-2415-1788, Mob-9831436793.
33. Dr. Somnath Mookerjee,
78, Diamond Harbour Road, Kolkata – 700023,
Ph- 2449-7538, Mob- 9830047094
34. Sri Samaresh Goswamy,
47/2C, Padda Pukur Road , Kolkata - 700020,
Phone No. 2486-4246.
35. Dr. Asesh Lahiri,
N/364, B.P. Township, Kolkata – 700094,
Phone: 2462-6788
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11. Income of the Foundation
1. Quarterly interests of the Fixed Deposit Accounts
2. Gifts, Donations etc.
12. Alteration of Rules and Regulations
Barring the items 1,2,3 & 4 other items and Regulations may be altered, modified,
rescinded or added to by the Trust by special resolutions passed by the Members
of Trustees in a general meeting by three-fourth majority of the Members present
at such meeting. Rules as stipulated in items 1,2,3 & 4 however, cannot be altered.
13. Publication of Foundation Profile
A Foundation Profile containing the names of Trustee Board and Advisory Board,
lists of past donations and creative activities with follow up activities through
report, along with present and future plan of work shall be published once in every
three years in best art paper and binding.
14. APPENDIX
Application Form for seeking Grant
1. Name of the Organisation
2. Address in full with phone No. e-mail and Fax No.
3. Registration No. with dates ( first date of Registration and the date of last
Renewal of Registration)
4. Brief history and activities of the organization with names of office bearers,
addresses and phone numbers. ( A separate page is to be added)
5. Objective with programme and nature of assistance sought ( A separate
page is to be added)
6. Details of Assistance already received from the Foundation of other
sources.
7. Name with date and signature of person in charge of the organization.
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IN WITNESS WHEREOF THE Settlor of the endowment and the Trustee hereto
have set and subscribed their respective hands and seal on the day, month and year
first above written.
Signed and delivered by the Settlor at Kolkata
In the presence of:-
1.
_________________
SETTLOR
2.
Signed and delivered by the Trustee at Kolkata
In the presence of:-
1.
1.
2.
3.
4.
5.
2.
6.
7.
8.
9.
10.
11.
___________________
TRUSTEES
Drafted by:-
Sri Somnath Roy
Advocate
Computer typed by:-
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