About Dr.Mani: Brief CV References Surgical Expertise
Dr.Mani's Mission: From the Heart CHD Awareness Effort Heart Kid Circles
Fundraisers: Heart Kids Blogathon Chain of Love Donate Now
Project: Partner Hospital Funds & Accounting The Foundation

THE FOUNDATION

 

Dr.Mani's Children Heart Fund will be the official, legal entity that will manage the funds raised through this Heart Kids Blogathon and other related events.

Here is the draft copy of the trust deed we're soon going to register.

 


 

TRUST DEED

 


        THIS DEED OF TRUST executed at Chennai on this            day of        
                 , 2002 by

        Dr.S.SIVASUBRAMANIAN,

        hereinafter called the FOUNDER of the Trust.

        WHEREAS the Founders named above in order to raise funds for treatment
        of Heart disease for children, has created a Trust in the name of
        "CHILDREN HEART FUND" with Registered Office in the premises situated at
        ...

        WHEREAS for the purposes of the said Trust, the Founders has also set
        apart a sum of Rs.50,000/- (Rupees Fifty Thousand Only);

        WHEREAS the FOUNDERS has also appointed the following Trustees:

        (1)  Dr.S.SIVASUBRAMANIAN and (2)  Mrs.C.GOWRI SIVASUBRAMANIAN

        Hereinafter called the Trustees;

        WHEREAS the said Trustees have also agreed to hold the said sum of
        Rs.50,000/- (Rupees Fifty Thousand only) in the Trust and utilise the
        fund including         accumulations at present thereto and income
        therefrom, for the purpose hereinafter mentioned under this Trust deed.
        It is also agreed that:

        NOW THIS DEED OF TRUST WITNESSETH;

        1. It is hereby declared that the FOUNDER doth hereby on the Trustees
        hereinafter mentioned the sum of Rs.50,000/- upon  the Trust;

        2. The founder shall appoint a Chairman for a particular term as decided
        by him for smooth functioning of the Trust.

        3. It is hereby declared further that the trustees hereinafter mentioned
        shall  stand possessed of the said amount known as Corpus Fund and
        further additions to the fund and shall utilise the said amount and the
        income therefrom as well as all receipts, accumulations and accretions
        thereto by way of contributions ,donations, subscriptions, or otherwise
        forming the Trust fund for the objects , intents and purposes
        hereinafter mentioned;

        4.  	The accumulations in the corpus fund will remain intact and will
        not be spent for carrying on the day-to-day activities of the Trust.
        However, it can be used for acquiring assets for the Trust with majority
        of the trustees approving such acquisition.

        NAME

        5. The name of the trust shall be "CHILDREN HEART FUND" and the
        Registered office of the trust shall be at ...

        OBJECTS

        6. The Trust shall be a Public Charitable Trust, the income whereof is
        exempt from tax under section 11 and 12 of the Income-Tax Act 1961. In
        confirmity with the above, the main objects of the Trust shall be:


        (a) To raise funds from general public and wellwishers for treatment of
        children suffering from Heart disease

        (b) To attend Heart disease of children in India in particular & the
        children of all other countries in general without any distinction as to
        community, caste, race, sex, language, or religion;

        (c) To strive for the health welfare and upliftment of children.

        (d) To take all such steps as may be necessary for the upkeep,
        maintenance and welfare of children.

        (e) To render assistance, financial or otherwise, to all institutions or
        organisation which help in treating children suffering from heart
        disease.

        (f) To faster and develop natural love and affection amongst children &
        to take appropriate steps for the achievement of this objective.

        (g) To create hospitals, clinics, nourishment and health care centres.

        (h) To inculcate the spirit of co-operation and good citizenship amongst
        children.

        (i) To create further Trusts, societies, associations, clubs, centres or
        institutions to take up specialised services for children or their
        parents;

        (j) To devolope or adopt villages or centres for treatment of children
        suffering from heart disease.

        (k) To contribute materially or immaterially to the solution or problems
        of children in general.

        (l) To acquire and develop movable and immovable properties for all or
        any of the objects of the Trust.

        (m)To do all such things as the Trustees may decide from time to time
        for the    welfare of the of the Trust and in pursuance of the above
        objects of the Trust.

        The Trustees are hereby empowered to utilize the Trust Funds for
        fulfilling any or all of the various objects mentioned above and to do
        all such other things as may be conducive or necessary for the
        advancement of the above objects, and further to do any other act which
        may be conducive to incidental or supplementary to the achieving of the
        main objects including contribution to any other Society, Trust,
        Institution or Government or other body of individuals or associations.

        It is hereby clarified that the benefits shall be open to the public
        irrespective of caste, creed or religion or area of stay.

        TRUSTEES

        7.The first Trustees of the Trust shall be:

        Name (i) Dr.S.SIVASUBRAMANIAN                   Founder & Managing
        Trustee

        (ii) C.GOWRI				         Trustee




        ADMINISTRATION  OF THE TRUST

        8. (a) The Trustees shall hold office during their life time unless they
        vacate the office earlier, however the Board of Trustees shall have the
        option by majority of  votes to remove, appoint or re-appoint any
        Trustee.

        (b) The number of Trustees shall not be less than Two and not more than
        Seven. The existing or continuing Trustees shall have the power of
        appointing further or additional Trustees within the number prescribed
        hereinabove , either in the place of those retiring or becoming
        disqualified to hold office or as new trustees;

        (c) Subject to clause (7) the Managing Trustees will be elected as
        above.

        (d) In the event of vacancy arising in the office of Managing Trustee,
        the remaining Trustees shall elect new Managing Trustee by majority of
        votes.

        (e) In the event of any vacancy arising in the Office of the present
        Joint Managing Trustee, by death, resignation, or otherwise the
        Founder-Trustee shall appoint person/persons of his decision and
        discretion to hold the office;

        (f) Once in every three months a meeting will be conducted by Board of 
        Trustees and the Chairman shall preside over the meeting.

        (g) All decisions of the Trustees shall be by majority vote and the
        Chairman shall have a casting vote in case of equality of votes.

        9.    No activities of the Trust will be carried on anywhere outside
        India.

        10.  It is hereby clarified that the Trust shall not carry on any
        activity with the object of earning any profit.

        11.  Any Trustee shall be at liberty at all times to retire from the
        Trust or resign from the Trusteeship and shall also be liable to be
        disqualified to hold office if he becomes or is declared to be an
        insolvent or to be of unsound mind, whether or not found by inquisition
        or shall otherwise become unfit or incapable to act.

        12.  The Trustees will be entitled and be at liberty to accept gifts or
        any voluntary contribution from any persons, install charity boxes
        and/or otherwise collect subscriptions or donations to augment the Trust
        Fund and use such monies for the objects of the Trust.

        It shall always be open to the Trustees in their absolute discretion to
        accept or refuse any donations, gifts and/or contributions from the
        members of the public.

        Appointment of Advisory Committee

        13.  The Board of Trustees shall also appoint an Advisory committee
        which shall include people of eminence in the field of medical
        profession. The members of the committee shall be selected by the
        majority of the Board of Trustees. The members of the committee shall
        meet the Board of Trustees once in 3 months and abide by any policy
        decision taken by the Board of Trustees.


        POWER OF TRUSTEES

        14. The Chairman and the Managing Trustees in consultation with other
        trustees wherever necessary or in the absence of any one  of the
        Managing Trustees, the existing Managing Trustee and the Chairman of
        this Trust shall have the following powers:

        (a) To carry on the day-to-day administration of the Trust; (b) To
        determine from time to time the charitable objects and purposes for
        which the funds of the Trust shall be used  and allot and to allocate
        from time to time to each of the objects such portion of the funds as
        they may deem fit; (c) To accept by way of contribution or donation
        (cash or kind) or grant any monies or asset from  any person Central or
        State Government, Local Authority or other institutions; (d) To have
        custody of all Trust investments ,assets, documents, accounts and papers
        belonging to/ relating to the Trust; (e) To invest the Trust Fund and
        any monies belonging to the Trust and not immediately required in
        carrying out the objects of this Trust in accordance with the provisions
        in clause II of investments and re-invest the same; (f) To incur any
        expenditure necessary or useful for carrying out the                    
                 objects of the Trust; (g)      To open one or more Bank
        accounts for the Trust and in its name with any bank/s as the Trustees
        may deem fit and deposit monies of             the Trust in such
        accounts as may be decided by the Trustees from time to time and to give
        instructions to bankers  as to the persons entitled to operate  thereon;
        (h)    To sell ,lease or otherwise dispose of any immovable properties, 
              assets and goods of the Trust; (i)      To do all kinds of things
        which are necessary or useful for carrying out the objects of the Trust;
        (j)        To borrow any  monies from Central or State Government or
        Local                  Authority or company or person with or without
        security for the                   purpose of carrying out the objects
        of the Trust; (k)      To institute and conduct or define any legal or
        other proceedings in the name of the Trust or against the Trust as the
        case may be and to engage counsel or Attorney and to give such Vakalats
        or Power of                   Attorney as may be necessary from time to
        time; (l)       To provide for the maintenance of proper accounts
        showing the Trust                   Fund and the income derived
        therefrom separately and the investments and other assets belonging to
        the Trust and the expenses incurred from out of  the income of  the
        Trust in carrying out the objects of the Trust or in administering the
        Trust from year to year. (m)     To open a Branch(es) for the Trust
        anywhere in India as may be found necessary.

        15. It is declared and understood that the Trustees shall have power to
        frame rules and/or bye-laws and also alter, vary, amend, delete the
        rules and/or bye-laws for the conduct and management of the Trust or the
         Trust Fund for carrying out the objects of the Trust and such rules
        and/or bye-laws, framed, amended,altered, varied deleted or substituted
        shall have the same force as if they have been incorporated in the
        original Trust hereby created but not repugnant to objects of the Trust,
        provided that no amendment shall be made without the prior approval of
        the commissioner of Income Tax/Director of Income Tax ( Exemptions)

        16. The Chairman and the Managing Trustee or any one authorised by them
        jointly shall have the powers to sell,convert or otherwise release any
        of the Trust properties, invest the funds of the Trust in any form of
        investment or change/alter the form of investment when they are
        satisfied that such investment will yield a reasonable income or when it
        is deemed expedient or necessary for carrying out the objects of the
        Trust, provided that such investment shall be in accordance with the
        investment pattern prescribed under section 11(5) of Income Tax Act,
        1961 from time to time.

        17. It is, hereby, made clear that the income or funds of the Trust
        shall be applied only for fulfilling the objects of the Trust and none
        of the Trustees or their relatives shall be entitled directly or
        indirectly to any portion of such income or funds by way of dividends,
        interest or in any manner whatsoever.

        18. The Trustees shall keep proper books of accounts of the income and  
                expenditure of the Trust which shall be closed every year and
        they shall be audited by a Chartered Accountant.

        19.  The official year of the Trust shall be from April to March.

        20.  The Trust shall be irrevocable.

        21. If for any reason, the Trustees find that it may not be possible to
        continue the Trust, then the net assets over liabilities shall not be
        distributed among the Trustees or their relatives , but shall be handed
        over in entirety to another (Public Charitable) Trust  with similar
        objects.

        22. The funds of the Trust shall be invested in securities and bank
        deposits and other modes strictly in accordance with the provisions of
        section 11(5) and  13 (1) (d ) of the Income Tax Act,1961

        23. The funds of the Trust shall not be applied for any religious
        purposes or given to religious Institutions.

        24.  Acquisition / alienation of immovable property belonging to the
        Trust shall be done only with prior approval of the Director of Income
        tax (Exemptions) , Chennai.

        25. The Trustees shall at all times stand indemnified in respect of any
        act that may have been done bona fide by them in respect of matters
        relating to the Trust.

        IN WITNESS WHEREOF, the FOUNDER hereunto has set his signature on the
        day, month and year first above written.


        Witnesses :								Founder

        1.




        2.


        

 

About Dr.Mani: Brief CV References Surgical Expertise
Dr.Mani's Mission: From the Heart CHD Awareness Effort Heart Kid Circles
Fundraisers: Heart Kids Blogathon Chain of Love Donate Now
Project: Partner Hospital Funds & Accounting The Foundation