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THIS DEED OF TRUST made this 8th day of May Two Thousand Eight BETWEEN Haji
Maqbool Mandelia son of Haji Ibrahim Mandelia residing at Power House Road, Ratangarh (Churu - Rajasthan) , hereinafter called "The Settlor" (which expression shall unless excluded by or repugnant to the context be deemed to include his heirs executors - administrators and representatives) of the One Part A
N D the said (1) Haji Maqbool Mandelia son of Haji Ibrahim Mandelia residing at Power House Road, Ratangarh (Churu - Rajasthan) deceased and (2) Rafique Mandelia son of Haji
Maqbool Mandelia and (3) Ayub Mandelia son of Haji Maqbool Mandelia and (4) Azam Mandelia son of Haji
Maqbool Mandelia and (5) Arif Mandelia son of Haji Maqbool Mandelia and (6) Haroon Mandelia son of Haji
Maqbool Mandelia and (7) Sharif Mandelia son of Haji Maqbool Mandelia and (8) Asif Mandelia son of Haji
Maqbool Mandelia and (9) Imran Mandelia son of Haji Maqbool Mandelia and (10) Javed Mandelia Son of Rafique Mandelia and (11) Irshad Mandelia son of Rafique mandelia and (12) Ijaj Mandelia son of Late Rustam Mandelia and (13) Sohaib Mandelia son of Ayub Mandelia, all are residing at Bichala Mohalla, Ratangarh (Churu- Rajasthan) hereinafter collectively called "The Trustees" (which expression shall unless excluded by or repugnant to the context be deemed to include them and the Trustees for the time being of these presents or the survivor or survivors of them and their successors) of the Other part :
WHEREAS the Settlor is desirous of settling out of his self acquired an separate funds the sum of Rs. 1,00,000/- (Rupees One Lac) upon the Trust for charitable purposes hereinafter mentioned AND WHEREAS the
settlor has handed over and delivered the said sum of Rs. 1,00,000/- (Rupees One Lac) only to the trustees to hold the said amount and/or the income there from upon trust for carrying out the objects of the trust and on the terms and conditions hereinafter declared concerning the same AND WHEREAS the Trustees have at the request of the Settlor agreed to act as the Trustees of these presents and to hold the said sum of Rs. 1,00,000/- (Rupees One Lac) and the investments for the time being represent ting the same and all other sums or properties that may from time to time from part of the Trust Estate upon the trusts hereinafter declared or and concerning the same :
NOW THIS DEED OF TRUST WITNESS AS FOLLOWS:-
1. For effectuating his said desire and in consideration of the premises the settler doth hereby transfer assign and make over to the Trustees the sum of Rupees one Lac TO HOLD the same and the investments for the time being represent ting the same and all other some and properties that may from time to time from part of the Trust Estate unto the Trustees absolutely and for the ever upon trust for charitable purposes, with and subject to the powers, provisions and declarations hereinafter contained of and concerning the same.
2. The name of the Trust shall be MANDELIA FOUNDATION.
3. The objects of the Trust shall be charitable purposes and its income shall be applied or accumulated in India for charitable purposes within the meaning of Income Tax Act-1961 or any statutory modifications thereof and without prejudice to the generality of the aforesaid for the following objects :-
a) To establish, support, acquire, run and/or grant aid and other financial assistance to Schools, Colleges, Libraries, Reading Rooms, Hostels, Boarding Houses, Laboratories and other institutions at any place or place in the Indian Union for use of the students and the staff and also generally for the development of education and diffusion of knowledge.
b) To establish, maintain and/or run student-ship Scholarships and other kinds of aid to deserving students, including supply of books, stipends, medicals and other incentives to study and to provide before and residence for poor students.
c) To establish, maintain and/or grant aid to Hospitals, medicals schools, medical colleges, nursing institutions, sanatoria, traveling dispensaries, after-care clinics or such other similar institutions for the benefits of students and for the use of the public in general.
d) To establish and/or promote the establishment of rest houses and such other institutions for the temporary residence and benefit of the needy public at places where such institutions may be necessary and useful.
e) To grant aid for the establishment and maintenance of tube-wells, wells and water works and for the construction of or repairs to wells for the use of the public in general.
f) To help people during natural calamities, such as floods, famine, earth-quick, fire, pestilence and other sun occasions.
g) To grant aid to poor persons.
h) To uplift the scheduled caste and backward classes and Scheduled Tribe and to arranges for education among them.
i) To help helpless widows and to establish, contribute or grant aid to institutions or funds for the benefits of women and children.
j) To grant aid to maternity homes and child welfare centers, orphanages and widow's homes.
k) To help in the improvement of the breed of cows and other animals useful to mankind and to take all steps for the increase of cheap milk supply for the improvement of health of the public.
l) To do all other acts deed and things as may be necessary or deemed expedient to carry out all or any of the subjects aforesaid.
4. The Trustees shall from time to time after meeting the expenses of incidental to the management of the Trust properties and of the Trust decide the particulars charitable object of objects mentioned in Clause 3-here of for which the principal and/or income of the Trust properties for the time being available shall be applied.
5. The Trustees shall ordinarily apply the income of the Trust Estate for the objects of the Trust but if the majority of the Trustees so decide the corpus of the Trust funds may be similarly applied.
6. The Trustees may invest the Trust fund either in the purchases or mortgage of immovable property or in such investments whether
authorized by the Indian Trust Act, 1882, or not or in debentures, debenture stock, shares or stocks of any company or companies or in deposits with or loans to any company bank, person or firm and on such terms as to interest or otherwise as the Trustees may think proper with power to the Trustee to alter, very or transpose such investments from time to time in such manner as they may in their absolute discretion think fit, for others or the same or of a like of different nature, in the interest of the trust fund. Shares or any other investments belonging to the Trust shall be purchased and/or made in the name of the Managing Trustee, or of any other Trustee or Trustees or person or persons authorized in that behalf by the Trustees and any person or persons in whose name such shares or investments are so held shall exercise all rights and powers attached to those shares or investments in the best interest of the Trust.
7. The Trustees may from time to time open and maintain in the name of the trust or in their joint
names banking account or accounts and may operate on the name or more of any employee or secretary of the trust from time to operate on the same on behalf of the trust :
8. The Trustees may pay all charges expenses and outgoings in respect of the Trust property including any immovable property for the time being forming part of the trust fund and
may carry out repairs required to be done to the same and keep the same insured against loss or damages by fire or otherwise and may incur all other costs charges and expenses of and incidental to the administration and management of the trust estate and the properties for the time being belonging to the trust as they
may in their absolute discretion think fit.
9. The Trustees may demise the immovable property or properties for the time being and from time to time belonging to the trust either from year to year or for any term of years or on monthly tenancies at such rent and subject to such covenants and terms and they may think proper and also accept surrenders of leases and tenancies and generally exercise all powers or management in respect of the same in such manner as they think proper :
10. The Trustees shall have full power to institute or defend legal proceedings
to compromise or compounds all actions suits and other proceedings and all differences and disputes touching the trust estate and/or the trust properties and to refer any such differences or disputes to arbitration and to adjust and settle all accounts relating to the trust estate and/or the trust properties and to do all other acts and things for /or the trust properties and to o all other acts and things for the protection of there trust properties as fully and effectually as if they were absolutely entitled to the trust estate and trust properties without
being liable or answerable for any lose occurred thereby :
11. The Trustees may by the consent of two-third of them make over and transfer the management of any institution or institutions established run or maintained by the trust to any committee or sub committee consisting of such person or persons whether members of their body or such person or persons whether members of their body or not as they may think fit an appoint such committee or. Sub- committee for the management of the said Institutions and may delegate any of their powers to such. committee or sub- committee and may frame rules relating thereto from time to time as shall from time to time think - fit
12. the trustees may frame schemes and rules and regulations for the carrying out of
the objects of the trust and for the management and running of any intuitions established run or aided by the trust and for managing the affairs of the trust and to vary the game form time to time as
the trustees may in their absolute discretion deem fit and proper :
13. The Trustees shall be entitled at their-discretion from time to time to start, discontinue, abolish and re-start any charity or charitable institution- established for charitable purposes and to impose any conditions to any subscription or donation made by them for any charitable purposes and to earmark any portion of the income of the trust properties fox any particular charitable object or objects of the trust as mentioned in clause 3- hereof.
14. The receipt of the trustees for any moneys, stocks, funds, shares, securities or investments paid, delivered or transferred to them in execution of the trustees of powers here of shall effectually release and discharge the person or persons paying delivering or transferring the same there from and from seeing or from being bound to age to the application or being answerable for the lose of
miss-application there of.
15. The trustees shall be respectively chargeable only for such money stock, shares, funds and securities as they shall actually receive notwithstanding their respectively signing receipt jointly with other for the same for conformity and shall be answerable and accountable for their own accounts receipts, neglects and defaults respectively and shall not be answerable one for the other or others of them nor for any banker, broker or other person with whom of into whose hands any
trust money or securities may come or be deposited or given nor for the insufficiency or deficiency of any stocks,
share, funds or other securities or for any other loss unless the same shall happen through their willful default or negligence respectively
16. The trustees may reimburse themselves and pay and discharge out of the trust fund all expenses incurred in or about the execution of the trusts or any of their duties under these presents.
17. The surviving or continuing trustees may not notwithstanding any vacancy in their body
PROVIDED HOWEVER that if the number of trustees shall fell below two] the minimum fixed by these presents, the trustees shall not, except for the purpose of filling any vacancy, act so long as the number is below the said minimum :
18. The Trustees may appoint one the trustees as the managing trustee for such time as may be determined by the trustees and such managing trustee shall continue to act as such until another managing trustee is appointed in his place. Subject to the general control and supervision of the trustees. the managing trustee shall manage the trust fund and carry on all the affairs of the trust and shall have all the necessary powers and authorities for the purpose
19. The managing trustee may at his discretion and shall upon a requisition in writing signed by any one or more of the trustees specifying the objects for which the meeting is desired to be convened call meeting of the trustees, If the Managing trustee fail to hold such meeting within a fortnight from the date of the service of such requisition the trustee or trustees making such requisition may himself or themselves convene a meeting of the trustees but no business other then what is specified in the requisition shall be transacted at such meeting:
20. The Trustees shall be entitled to appoint one of them as chairman of the board of trustees for such period as they think fit. The chairman shall preside at the meetings of the trustees and exercise such powers as may from time to tie be delegated to him.
21. Two Trustees shall form a quorum for any meeting of the trustees. A meeting of the trustees. A meeting of the Trustees at which a quorum is present shall be entitled to exegesis all or any of the powers vested in the trustees under these presents or in law :
22. All questions arising at the meeting of the trustees shall be decided by a majority of votes and in case of equality of votes the chairman shall have a second or casting vote :
23. No Question dealing with the disposal of the corpus of any of the trust properties will be decided and disposed of except with the consent of a majority of two third of all the trustees for the time behind :
24. Any deeds, Instruments and documents to be executed by the trustees may be executed by the managing trustee or any other trustee or person if so authorized by the trustees and the deeds and documents so executed shall be deemed to have been executed by all the trustees for the time being and shall have full force and effect as if it were executed by all the trustees for the time being :
25. the Trustees may delegate any of their powers to a committee or committees or sub committees consisting of such person or persons, whether member of their body or not as they may think fit and appoint such committees or any sub committee as they may from time to time think fit for any of the purposes of the said trust and may frame rules relating thereto and may from time to time add to or vary same as they shall think fit.
26. A resolution in writing circulated amongst all the trustees and signed and agreed to by a majority of the trustees shall be as valid and effectual as if fit has been passed at a meeting of the trustees duly called and convened :
27. Notices of the meeting of the trustees and all communications may be sent to the trustees at their respective addresses registered for the time being in the records of the trust :
28. All meetings of the trustees shall be held at such place of places as the trustees may from time to time decide :
29. A trustee who is unable to be present at a meeting of the trustees may sand his views on the agenda in writing and such expression of opinion shall be taken to be his vote on the matters concerned :
30. The minutes of the proceedings of every meeting of the trustees shall be entered in a book to be kept for that purpose and signed by the chairmen of such meeting or of the following meeting when they are read over and shall when so entered signed be conclusive evidence of the business and other matters transacted at such meeting :
31. The Trustees shall be entitled to frame rules add to and or alter them from time to time as circumstances may require for regulating their meetings or otherwise as to them may appear fit and proper :
32. No person being
a) An undercharged insolvent or
b) Convicted of an offence involving moral turpitude or
c) of unsound mind or
d) a minor
33. The number of trustees shall not be less then two and more then fifteen.
34. A person shall cases to be a trustee in any of the following events
a) If he dies
b) If he without leave of absence does not attend three consecutive meetings of the trustees or for one calendar year whichever is longer.
c) if he becomes bankrupt or
d) If he becomes insane or otherwise becomes incapable to act
e) If he resigns his office.
35. In case any one of the present trustees ceases to be a trustee his
vacancy shall be filled by the eldest male member of his family or any one to be nominated by him or in absence of such nomination by his male descendants from amongst themselves. In the
absence of any such nomination and in the case of any other trustee ceasing to be a Trustee the vacancy shall be filled by the remaining trustee.
36. On a new trustee being appointed and on his agreeing in writing to act as such, the trust property shall vest in him along with the other trustees for the time being and he will be entitled to carry out all the duties and functions of the trustees.
37. The Trustees shall cause true and accurate accounts to be kept of all moneys received and spent and of all matters in respect thereof in course of management of trust properties or in relation to the carving out of the objects and purpose of the trust as wall as of all the assets credits and effects of the trust properties :
38. With the consent of all the trustees for the time being of the trust, the trustees shall be entitled to add to the objects of the trust subject to the condition that any such addition shall be confined solely to charitable purposes with in the meaning of income tax act. 1961 or any statutory modification thereof and by a majority of two thirds of all the trustees for the time being the trustees will be entitled from time to time to add or after the rules and regulations
herein mentioned :
IN WITNESS WHEREOF the settler has hereunto set and subscribed the srhands and seals
The day month and year first above written:
SIGNED SEALED AND DELIVERED Sd/-
by the settler Haji Maqbool Mandelia
SIGNED SEALED AND DELIVERED Sd/-
Trustee Haji Maqbool Mandelia
SIGNED SEALED AND DELIVERED Sd/-
Trustee Rafique Mandelia
SIGNED SEALED AND DELIVERED Sd/-
Trustee Ayub Mandelia
SIGNED SEALED AND DELIVERED Sd/-
Trustee Azam Mandelia
SIGNED SEALED AND DELIVERED Sd/-
Trustee Arif Mandelia
SIGNED SEALED AND DELIVERED Sd/-
Trustee Haroon Mandelia
SIGNED SEALED AND DELIVERED Sd/-
Trustee Sharif Mandelia
SIGNED SEALED AND DELIVERED Sd/-
Trustee Asif Mandelia
SIGNED SEALED AND DELIVERED Sd/-
Trustee Imran Mandelia
SIGNED SEALED AND DELIVERED Sd/-
Trustee Javad Mandelia
SIGNED SEALED AND DELIVERED Sd/-
Trustee Irshad Mandelia
SIGNED SEALED AND DELIVERED Sd/-
Trustee Ijaj Mandelia
SIGNED SEALED AND DELIVERED Sd/-
Trustee Sohaib Mandelia
In the presence of :-
Sd/-(Rajiv Upadhyay) S/o Sh. Champa Lal Upadhiyay Near Railway Kali
Tanki, Ratangarh (Churu), Rajasthan. Sd/-(Mangu Khan) S/o Sh. Ajim
Khan Near Holi Dhora, Ratangarh (Churu), Rajasthan.
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