TRUST DEED

SREE MAHADESHWARA SWAMY TEMPLE TRUST

THIS DEED OF SREE MAHADESHWARA SWAMY
TEMPLE TRUST is executed on this the ______ day of ______
Two Thousand Eight (--03-2008) at Bangalore:
BY:-
1. S. R. SATHYANARAYANA,
S/o. Late. Rama Bhatta,
Aged about 70 years,
Residing at No. 85/3, 5th Main,
3rd Block, Thyagarajanagar,
Bangalore-560 028. PRESIDENT
2. S. SURESH,
S/o. Sri. S.R. Sathyanarayana,
Aged about 42 years,
Residing at No. 9, Anjaneya Nagar,
B.S.K. 3rd Stage,
Bangalore-560 085. SECRETARY
3. Dr. RAVEENDRA K.R.,
S/o. Sri. Rama Murthy,
Aged about 4 0 years,
Residing at No. 112, 7th Main,
7th Cross, Avalahalli, B.D.A. Extns.,
Giringar, B.S.K. 3rd Stage,
Bangalore-560 085. JOINT SECRETARY

4. Smt. AMBUJAMMA,
W/o.
Aged about 60 years,
Residing at No. 85/3, 5th Main,
3rd Block, Thyagarajanagar,
Bangalore-560 028. VICE PRESIDENT

5. Smt. S. CHAYA,
W/o. Sri. S. Naresh,
Aged about 32 years,
Residing at No. 85/3, 5th Main,
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3rd Block, Thyagarajanagar,
Bangalore-560 028.
TREASURER

6. Smt. S.V. MANJULA,

W/o. Sri. M.S. Sriramalu,
Aged about 45 years,
Residing at No. 85, 5th Main,
3rd Block, Thyagarajanagar,
Bangalore-560 028.
7. MEMBER

8. MEMBER

9. MEMBER

(All the parties are hereinafter referred to as the Authors

or Founders or Permanent Trustees of the Trust which terms
wherever the context admits and permits shall mean and
include their heirs, successors, administrators, legal
representative and assignees) is as follows:-

a) WHEREAS, the Authors and Trustees proposes to register

a charitable trust under Indian Trust Act. 1882 consisting
of the above-mentioned trustees in order to serve the poor
people and help them for the objects and purposes herein
below and they hold such funds in the Trust.

b) Trustees which expression shall mean and include their

respective heirs, executors, and assigns or all the trustees
as above and include any other trustees for the time being
and the trustees shall constitute the Board of Trustees.
 -3-
c) Whereas the parties of the Nine (9) Members are the
Permanent Trustees for “SREE MAHADESHWARA
SWAMY TEMPLE TRUST”, having its office at No. ,
Kodagahalli, Bannur Hobli, T. Narasipura Taluk, Mysore
District.

ACCORDINGLY NOW THIS DEED WITNESSES AS FOLLOWS:

1. The authors hereby confirm that they have jointly herein

founded the Trust under the name of “SREE
MAHADESHWARA SWAMY TEMPLE TRUST”, and they
have declared that Property bearing Sy. No. 627,
measuring to an extent of 9 acres 04 Guntas, situated at
Kodagahalli, Bannur Hobli, T. Narasipura Taluk, Mysore
District, as Trust property (contributed by the forefathers
of the Authors of the Trust) appointing themselves as the
Permanent Trustees for the objects and purposes herein
below and they hold such funds in the Trust now.

2. The aforesaid Authors of the Trust on and from the

execution of this Trust Deed shall continue to have hold
and stand possessed of the Trust unds (which expression
shall mean and include the investments in cash in kind or
on any nature whatsoever into and for which the said
property or any part/parts thereof may from time to time
by the executive committee or the Board of Trustees and
together with all income, profits, additions, accreditations
 -4-
thereof absolutely upon the Trust for the objects set out
herein subject to the provisions and conditions
hereinafter contained in these presents.

3. The name of the Trust shall be “SREE MAHADESHWARA

SWAMY TEMPLE TRUST”, having its office at No. ,
Kodagahalli, Bannur Hobli, T. Narasipura Taluk, Mysore
District, which may be shifted to any other place/places
at the Board of Trustees or the executive Committee may
by majority decide.

4. AIMS AND OBJECTS OF THE TRUST:-

a) To perform pooja regularly to the Mahadeswara

Swamy, and to perform Jatra for every year and to
conduct the Uthsav in the regular manner.

b) To maintain the temple and to improve the temple

activities and to collect the Kanike, and Hundi
Amount and to spend the said amount to temple
and also social activities.

c) To receive voluntary contributions, donations, gifts,

endowments, incomes and other amounts in India
and form NRI’s abroad.

d) To receive all properties movable or immovable by

transfer, taking over, assignment, purchase, gift,
 -5-
donation, entrustment and lease or by any other
mode.

e) To gift, grant, exchange, lease or otherwise,

properties of all kinds, both movable and immovable
and to convert one kind of property into another.

f) To improves or to add to the corpus of the trust.

g) To sell, purchase, lease out or give on license or

otherwise dispose of or alienate all or any of the
properties of the trust, and that the proceeds of
such sale shall be expended for the cause and re-
orientation of trust objectives mentioned above.

h) To receive money and to grant receipts and

discharge thereof.

i) To borrow money from banks and other persons for

the purpose of the trust.

j) To sue, commence, continue, defend, prosecute,

initiate any legal proceedings, including criminal
action, complaints, prosecution, to recover debts,
monies or to enforce obligations, contractual or
otherwise, to recover compensation, damages for
bench of contract either jointly or by authorizing any
one or more Governing council members in that
 -6-
behalf and to compound, compromise, relinquish
any right, dispute, suit, proceeding, debt, money,
obligation in the interest of the Trustee without
prejudice to generality of the powers vested in them,
the trustee shall have the following specific powers.

k) To receive voluntary contributions, donations, gifts,

endowments, incomes and other amounts in India
and form NRI’s abroad.

l) To receive all properties movable or immovable by

transfer, taking over, assignment, purchase, gift,
donation, entrustment, and lease or by any other,
mode.

m) To gift, grant, exchange, lease or otherwise,

properties of all kinds, both movable and immovable
and to convert one kind of property into another.

n) To improves or to add to the corpus of the trust.

o) To sell, purchase, lease out or give on license or

otherwise dispose of or alienate all or any of the
properties of the trust, and that the proceeds of
such sale shall be expended for the cause and re-
orientation of trust objective mentioned above.
 -7-
p) To receive monies and to grant receipts and
discharge thereof.

q) To borrow money from banks and other persons for

the purpose of the trust.

r) To sue, commence, continue, defend, prosecute,

initiate any legal proceedings, including criminal
action, complaints, prosecution, to recover debts,
monies or to enforce obligations, contractual or
otherwise, to recover compensation damages for
bench of contract either jointly or by authorizing any
one or more Governing council members in that
behalf and to compound, compromise, relinquish
any right, dispute, suit, proceeding, debt, money,
obligation in the interest of the Trustee including
criminal action, complaints, prosecution, to recovery
debts, monies or to enforce obligations, contractual
or otherwise, to recover compensation, damages for
bench of contract either jointly or by authorizing any
one or more Governing council members in that
behalf and to compound, compromise, relinquish
any right, dispute, suit, proceeding, debt, money,
obligation in the interest of the Trustee.

s) To enter into any compromise and to refer matters

on non-payment of membership fee within 90 days
 -8-
from the due date who has been removed by the
executive committee as per rule 5 mentioned above.

5. BOARD OF TRUSTEES: Depending upon the nature and

volume of work to be transacted in the Board, they shall
be a committee of Trustees, which shall not exceed
(Eleven) 11 whose term shall be life time. The Board shall
have the power to nominate the Live Member to the Trust
on the terms and conditions specified from time to time.
The life members cannot participate in the Board Meeting
of the Trustees. However, the Board shall have the power
to co-opt three persons from life members for a period of
two years by rotation according to seniority. They can
then participate in the deliberations of the Board meeting
an they shall have no power to vote.

6. OFFICE BEARERS: The Board of Trustees may elect or

nominate the following office bearers from time to time
from among the permanent Trustees whose term shall be
six years.

1. PRESIDENT.
2. VICE-PRESIDENT.
3. HON’SECRETARY
4. HON’TREASURER.
 -9-
7. ADMISSION OF LIFE MEMBERS: A written application
in the prescribed form for admission as a life member
shall be sent to the secretary of the Trust signed by the
applicant, proposed by anyone of the Trustees and second
by any one of other life members of the Trust. Such
applications shall be placed before the Board of Trustees
for considerations.

8. CANCELLATION OF MEMBERSHIP:
a) Any Member resign his membership of the Trust by
giving two months notice and indicate his intention
to do so in writing to the secretary on the expiry of
such period of notice, he shall cease to be a
member.

b) A member shall deemed to be disqualified if such a

member is

1. Adjudged as an insolvent in the case of an

individual, wound up in the case of joint stock
company and dissolved in the case of a firm.

2. Found to be of unsound mind by a court of

competent jurisdiction or

3. Convicted of a Criminal Offence involving

moral turpitude.
 - 10 -
c) The Board Trustees reserves to itself the right to
expel any member in case he/she does any act or
pursue any conduct that is either in contravention
of the object of the trust or is detrimental to its
interests or in any way injurious to its welfare,
credit or reputation. But no resolution for the
expulsion of a member shall become effective unless
it has been approved by the board of trustees with
¾th majority

9. REGISTER OF MEMBERS:
A register of members shall be kept in which the
names and addresses of the trustees and life members of the
trust shall be entered.

a. There will be maintained a register of names and

addresses of the firms, companies, corporations and
associations who have been admitted as life
members and such registers shall also contain the
names of authorized representations of every such
registers shall also contain the names of authorized
representations of every such members as intimated
from time to time to the office of the trust.

10. CONSTITUTION OF THE BOARD OF TRUSTEES: The

Board of Trustees consist of the following members.
 - 11 -
a) Trustees (i.e., Life time)
b) Co-opt members from life members.

i) FILLING UP OF VACANCY: In case of death of

any Trustees, his eldest male descendent in
the male line and following him any other
person in the family who has attained the age
of majority and who is in the opinion of the
remaining Trustees, fit to act as Trustee. He
shall be the Trustee in his place.

ii) In case of occurrence of vacancy by reason of

death or resignation or incapacitation of any
Trustee or for any other cause, the remaining
Trustees shall be select by majority of votes, a
new Trustee from among life members. In
case of two or more persons getting equal
votes, the President of the Board of Trustees
shall have a casting Vote.

iii) DISQUALIFICATION: A trustee of the board

shall be declared to have evacuated his seat in
the Board.

a) If he is adjudged an insolvent.
b) If he is found to be a lunatic or of
unsound mind.
 - 12 -
c) If he is convicted of a criminal offence,
d) If he resigns his seat on the board or
e) If he acquires any disqualification under
these rules.
11. MEETING OF THE BOARD OF TRUSTEES:

a) The Board of Trustees shall ordinarily meet once in

a month to conduct the business of the Trust.

b) Special or emergent meetings of the Board of

trustees may also be convened by the president or in
the absence of the President, by the Vice-President.

c) The President or in his absence, the Vice-President

shall preside over the special meeting of the Board
of Trustees. On receipt of a requisition signed by
not less than six members of the board of Trustees
specifying the purpose for which the special meeting
is to be convened such special meeting shall be held
within 30 days after the receipt of such requisition
in the office of the Trust.

d) Notice of every ordinary or special or emergent

meeting of the Trustees shall be issued by the
secretary to every Trustee, three clear days before
the date of meeting with Agenda to be transacted at
such meeting.
 - 13 -

e) The Board of Trustees shall cause the minutes of its

meeting to be duly recorded in a book specially kept
for the purpose as early as possible after the close of
the meeting and in no case later than 14 days. If
any member of the Board of Trustees desires to refer
to the confirmed minutes of the Trust during
working hours on any office day on his giving 24
hours previous notice to the secretary, he must be
permitted to see the confirmed minutes.

f) The board of Trustees may, in additional to the

powers expressly conferred by these rules, exercise
all such powers and do all such acts and things as
may be exercised and done by the Trust except
these which are required to be exercised or done by
the Trust at any ordinary or extraordinary meeting.

12. POWERS AND FUNCTIONS OF THE BOARD OF

TRUSTEES:
The board of Trustees shall without prejudice to the
general power conferred on them in the Trust Deed have power:

i) To purchase, take a lease or otherwise acquire land

with or without a building or buildings thereon or to
erect, construct and build or alter any building
 - 14 -
thereon for the purpose of the Trust and to pay for
the same is cash or otherwise.

ii) To purchase or otherwise acquire furniture or other

movable for the use of the Trust and to pay for such
purchases.

iii) To engage the service of Architects, Engineers,

Contractors or other staff members for the purpose
of the Trust and to pay them such remuneration as
may be found necessary.

iv) To insure or keep insured all or any of the buildings

or other properties of the Trust and incur and pay
the necessary expenses for the same.

v) To commence, institute, prosecute and defend all

such actions and suits as the board of Trustees may
deem necessary and to compromise submit to
arbitration and said actions and suits as the board
of trustees may in its discretion think fit.

vi) To engage the services of the Advocates solicitors

and other experts for the purpose of the Trust, to
pay such remuneration as may be found necessary
to authorize all or any of them to represent the Trust
in all constituted courts of law or before any
arbitrator or Arbitrators office of officers or any
 - 15 -
commission in connection with any measure
affecting the interest and welfare of the Educational
Institutions and other welfare measures.

vii) To incur and pay all expenses necessary for carrying

out of the aims and objects of the Trust.

viii) To open one or more accounts in the name of the

trust in India and deposit moneys of the Trust in
such accounts and to give instructions to the
Bankers as to the persons entitled to operate
therein.

ix) To collect and receive subscriptions, donations and

endowments for the purpose of the Trust an to
deposit moneys so collected in schedule Banks and
invest the surplus funds of the Trust in such
securities as may be deemed safe and desirable.

x) To nominate and depute delegates of the Trust to

attend and take part in proceedings of conferences,
committees and similar bodies connected with
Education and other welfare activities of the Trust.

xi) To constitute as many sub-committees as may be

necessary for the efficient management of the
following items.
 - 16 -
a) Budget and Finance,
b) Works,
c) Purchases,
d) Staff selection,
e) Admission of students,
f) Other sub-committees as decided by the board
from time to time.

xii) The activities of the trust to receive any donation in

any shape or form as and when given by the founder
Trustees and other persons as gift or donations and
to hold the same as part of the capital fund or
corpus fund of the Trust. if such donor expresses
his desire to treat the same so or to make it
available for the application to further the objects of
the Trust treating the same as an income of the
Trust.

xiii) To invest the funds of the Trust in the modes

specified under the provisions of sec 13(1)(d) read
with section 11(5) of the Income Tax Act 1961 as
amended from time to time.

xiv) To maintain all accounts of the Trust regularly and

arrange for audit of accounts by a chartered
accountant and the annual accounts shall be closed
by 31st March of every year.
 - 17 -

xv) No amendments to the Trust Deed / By Laws/ Rules

and Regulations shall be made which may prove to
be repugnant to the provisions of section 2(15),
11,12 & 13 and 80.G of Income Tax Act of 1961, as
amended from time to time. No amendment shall be
carried out without the prior approval of the
Commissioner of Income Tax.

xvi) The Transformed irrevocable Benefits of the Trust

shall be open to all irrespective of caste/creed or
religion.

xvii) The funds and income of the Trust shall be solely

utilized for the achievements of its objects and no
portion of funds shall be utilized for payment to
Trustees by way of profit, interest, dividends etc.

13. In the event of the Trust becoming dissolved or wound up,

the assets remaining as on the day of dissolution shall
under no circumstances be distributed among the
Trustees, but shall be transferred to any other Charitable
Trust or Institution, Society, Association or Co-operative
society having similar object or objectives.

IN WITNESS WHEREOF THE FONDER OF THE TRUST

HAVE HEREUNTO SET THEIR HANDS ON THIS DAY, MONTH
 - 18 -
AND YEAR HEREIN ABOVE WRITTEN BEFORE THE
FOLLOWING WITNESSES:

WITNESSES :
AUTHORS OR FOUNDERS OF
PERMANENT TRUSTEES

1.
1.

2.

3.

2. 4.
5.
DRAFTED BY :-