DEED OF DECLARATION OF TRUST
THIS DEED OF DECLARATION OF TRUST executed on the xxxxxxx Day of xxxxxxx 2015 by GEORGE
JOSEPH , son of T. V. Joseph aged 29 years, self employed , residing at Thengummoottil House,
Kappadu P.O. ,Kanjirapally, Kottayam Dst. 686508 ( Holder of Pan Card No.AHLPJ9818P ) hereinafter
referred to as the “ Settlor”.
KERATOCONUS an infirmity found in one out of 500 people, is a degenerative disorder of the eye in
which structural changes within the cornea cause it to thin and change to a more conical shape than
the more normal gradual curve. Keratoconus typically diagnosed in the patient's adolescent years and
can cause substantial distortion of vision, with multiple images, streaking and sensitivity to light all
often reported by the patient. If afflicting both eyes, the deterioration in vision can affect the patient's
ability to drive a car or read normal print.
WHEREAS the Settlor is a keratoconous patient himself AND WHEREAS it is his long cherished desire to
set up a trust for imparting financial and emotional support for other keratoconous patients for
helping them lead a better and happier life.
AND WHEREAS towards this end the Settlor has on this day set apart Rs. 5000/- (Rupees Five
Thousand Only) as Trust Fund and entrusted upon the Trustees the said fund to be used for the
activities of the Trust along with any accretions that may arise in future.
NOW THEREFORE THIS DEED OF DECLARATION OF TRUST WITNESSES AS FOLLOWS.
1. NAME
The name of the Trust shall be KERATOCONOUS FOUNDATION INDIA (KFI)
2. OFFICE
The Registered Office of this Trust shall be at KATHAYANAT ,778/II, P.P. Road, Ponkunnam P.O.,
Kottayam Dst. Kerala,
686506. Depending upon the expansion of activities the trust may open
operating centers or administrative offices at such other places from time to time.
3. IRREVOCABLE
This trust shall be an irrevocable Trust.
4. OBJECTS
The object of the trust shall be to:
a) Support Keratoconous patients emotionally and help them lead a better life.
b) Provide medical relief and support to Keratoconous patients in their eye treatment.
c) Provide awareness to the general public about Keratoconous through seminars, films and
publications.
d) Develop a Keratoconous Network all across India to connect patients, doctors, psychologists and
researchers.
e)
Award scholarships and financial assistance or support to needy patients for education or
livelihood.
f) Establish and run special schools, rehabilitation centres, hospitals and clinics for Keratoconous
patients.
5. BENEFIT RESERVATION
This trust shall be a public charitable trust. The benefit of the Trust shall be available to all needy
persons irrespective of caste, creed, sex, colour, religion and social status.
6. AREA OF OPERATION
The activities of the Trust shall be carried out only in India.
7. MANAGEMENT OF THE TRUST
The Trust shall be administered and managed by a Committee of Trustees consisting of minimum 3
persons and maximum 9 persons. The settler shall be the Managing Trustee for life and he may
nominate a Secretary, Treasurer or other office bearers. The First Trustees shall be the following
persons.
1. George Joseph
(Managing Trustee)
Thengummoottil House, Kappad P.O. ,Kanjirappally,
Kottayam Dst. 686508
2. Joseph T. V (PAN : ABRPV2117K)
Thengummoottil House, Kappad P.O. ,Kanjirappally,
Kottayam Dst. 686508
3. Rani Joseph (PAN : AQKPJ1186E)
Thengummoottil House, Kappad P.O. ,Kanjirappally,
Kottayam Dst. 686508
The Managing Trustee shall assign duties to persons under each designation. The First Trustees shall
hold office for life. The first Trustees shall during his/her life time nominate a person to hold his/her
position of Trustee after his death or incapacitation. This process of nomination shall continue
throughout. If at any point of time this nomination has not been done or the nominee is not willing to
act as the trustee, the remaining trustee(s) shall nominate any person as the Trustee. The other
trustees shall be nominated by the Committee of Trustees.
After the term of the settlor the
remaining trustees shall elect one among them to be the Managing Trustee.
8. POWERS OF THE TRUSTEES
The Trustees shall have power to do all acts, deeds, matters and things and to undertake all such
activities as would be necessary to carry on all or any of the objectives of the Trust with the
following specific powers.
a) To purchase, take on lease, or in exchange, hire or otherwise acquire any property
movable or immovable , including land or building for the purposes of the Trust and make
improvements thereto.
b) To sell, exchange, surrender, release, demise, lease, mortgage or dispose of any
property movable or immovable either as a whole or in parts at such price and on such
terms and conditions as the Board shall think fit in the best interest of the Trust.
c) To cultivate land and, repair, develop and turn to account any building or other assets
acquired by the Trust.
d) To appoint or terminate the services of or to determine the terms and conditions of
service of the employees of the trust or of the institutions established or run by the Trust.
e) To fix and sanction remuneration, salary, wage, honorarium, payments in any other
manner to any person doing work for or employed by the trust or any institution run by
the trust.
f) To execute, sign, enter into, acknowledge, perfect and do all such contracts,
conveyances, leases or mortgages, transfers, instruments, acts, deeds and things as shall
be necessary or may be deemed proper for or in relation to all or any purposes or
matters, of the Trust.
g) To invest the funds of the Trust in the manner provided herein, to open and operate
bank accounts, to avail loan from any person or institutions, secured or unsecured, and to
charge or mortgage properties of the Trust for this purpose.
h) To do all or any of the things to be done in pursuance of any of the purposes of the
trust through agents, managers, technical or general staff and contractors as the
committee may from time to time think fit.
i) The Management Committee may delegate all or any of the above Powers to the
Managing Trustee individually or to any one or more of its members jointly according to
the needs of the operations of the trust from time to time.
j) The Management Committee shall have the power to frame separate rules and
bye-laws for the management and administration of each of the institutions established
and/or run by the Trust.
k) Each of the institutions run by the trust shall have a separate committee of
management formed by the respective institutions, which shall function subject to the
supervision and control of the Management Committee.
9.
ADVISORY BOARD
The trustees may constitute an Advisory Board consisting of eminent persons from
different walks of life and professionals.
10.
FUNDS AND INVESTMENTS
a) The trust may accept donations, grants, subsidy, bequeaths, legacies, fees for services
rendered and other forms of contributions in cash or in kind from persons, organizations
and government agencies.
b) The funds of the Trust shall be invested in such mode as may be decided by the
Trustees from time to time in any scheduled/nationalized/co-operative Banks or in
securities permitted by the Indian Trust Act, 1882 or in purchase of land or building or
construction of building for the attainment of the objectives of the trust or in such other
mode of investment as may be decided by the Trustees. However the funds of the Trust
shall be invested strictly in accordance with the provisions of Section 11(5) read with
section 13(1) (b) of the Income Tax Act, 1961.
c) The trustees shall have the power to borrow money for and on behalf of the Trust on
such terms as they deem fit, for implementing the objects herein mentioned and provide
for or secure the repayment of them by way of mortgage or otherwise
on the assets of
the Trust, present or future. The trustees shall also advance money to the Trust on such
terms and conditions as may be agreed upon.
d) For the purpose of the operations of the Trust, the Trustees shall be entitled to
open
and maintain accounts with any scheduled or nationalized or co-operative banks. In
addition to the Bank accounts in the name of the trust bank accounts in any of the above
mentioned banks can be opened in the name of the institutions run by the Trust. These
bank accounts shall be operated individually by the Managing Trustee or by any other
person authorized by the Managing Committee from time to time.
e) The income of the Trust shall be solely utilized towards the objects of the trust and
that the funds and assets shall not be utilized for payment to the Settlor or Trustees by
way of profit/interest/dividend.
11.
ACCOUNTS AND AUDIT
a) The Managing Trustee shall maintain or cause to be maintained proper books of
accounts and supporting receipts, vouchers and records of the income and expenditure,
and assets and liabilities of the trust.
b) The accounts of the trust shall be closed on the 31st Day of March each year and a
statement of income and expenditure and the Balance Sheet of the financial position
and affairs of the Trust as on that date shall be prepared and placed before the
Management Committee within 3 months. The annual accounts shall be got audited by
a Chartered Accountant.
12.
MEETINGS AND MINUTES
a) The Managing Trustee or any person authorized in this behalf shall convene meeting of
the Trustees at least once in three months by giving intimation/notice a week before the
date fixed for the meeting. Two members shall form the quorum for the meeting. The
meeting shall be presided over by the Managing Trustee or in his absence by any person
chosen by the Trustees at the meeting.
b) Proper minutes of the meetings of the Trustees shall be maintained by the Secretary.
The minutes of a meeting shall be read and got approved at the subsequent meeting of the
Trustees.
13.
DISCONTINUANCE OF ACTIVITIES
At any time if the trustees are not able to carry on the activities of the trust on their own
or even otherwise if they think fit, they shall hand over/transfer the trust properties to any
organization, trust or body of persons with object similar to that of this trust and
Registered under Section 12A of the Income Tax Act, 1961 or it shall vest with the
government.
14.
AMENDMENT
The Settlor or Trustees shall have power to amend this declaration of Trust as may be
decided upon by them. Such amendment shall have effect only with the prior approval of
the Commissioner of Income Tax having jurisdiction over the Trust.
15.
NON-PROFIT MOTIVE
The trust shall not carry on any commercial activity with the ultimate motive of making
profit and division of profit. The income and assets of the Trust shall be applied only for
the charitable activities of the Trust as mentioned in the Object clause and for expansion of
the institution(s) run by the trust, and the trustees shall have no power to utilize the same
for their personal ends.
IN WITNESS WHEREOF EXECUTED ON THE DAY FIRST MENTIONED HEREABOVE
BY GEORGE JOSEPH
WITNESSES
1.
2.
( Settlor )