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^9 p.4 DEED OF DECLARATION OF TRUST
Jh
FmiS
TIJIS DFED OF DECLARATION OF TRUST is made this Seconr.l day of April fr.r,o Thousand and
AE Achutha Jois S/o. Drouni.Iois and Mrs. Meghana Jois Wo. Mr. Achutha Jois both
5 }rflKbpMr.
N,r.162, l3r1'Main, 4th Block, Koramangala, Bangalore 560 034 (hereinafter caued the
E€ffijj{
-XtRz"'E"lrich expression. where th!' context admits. shall include thcil I:eirs. execulors anJ
H
artministr'fiors executed OIr TI{E ONE PARl'

AND

l. Mr. Achutha Jois S/o. Mr. Drouni Jois, resicling at No. 162, 13tl'Main, 4th Block, Koramangala,
Bangalore 560 34.

2. Mrs. Vleghana .Tois Wo. N{r. Achutha Jois, residing at No. 162, 1 3 ' Main, 4'r' Block.

. Koramangala, Bangalore 560 34.

(hereinafter called the "Trustecs" whioh expression, unless repugnant to the context, shall
.collectiveh-
include the 'fntstees or Trustee of the Foundation for the time being, the survivols or Survivor among

them and the executors or adnrinistra.rors nf tbe iast surviving 'Irustee) OF THE OTHER PART.

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 BKIVBN
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Designed ond Developed by

C_ DAc ,ACTS pune, II APR
 012-13
BK IV BNC-B
S -T3
- WHEREAS the Settloi is desirous of establishing an nal Tiirst as per the Indian Trust Act, 1882
z^ ...:
under the name of Acliv Foundation Felerred to as lhe "Trust" or "Foundation"; for the

benefit of children requiring school or higher education. WHEREAS the Settlor has donated, as a nucleus

for the establishment of the Foundation, and handed to the Trustees, a sum of Rs. l00l/- (Rupees One

Thousand One only) receipt whereof is heleby acknowledged by the Trustees.

NOW THEREFORE this Deed of Declaration of Trust WITNESSETH that in consideration of the

Tiustees agreeing to effectually cany out the aims and objects of the Foundation, the Settlors have

handed to the Trustees the aforesaid sum of Rs. 10011 (Rupees One Thousand One only) and hereby

assigns and transfers the same to the Trustees to have receive and hold the same all accumulations thereof

and accretions thereto unto the Trustees do and each of them does hereby agree to hol<i and utilize the

said sum and all the said accumulations and accretions and all other assets. funds and income of the

For"rndation upon TRUST for the said purposes and subject to the said terms and conditions.

1. NATURE AND NAME OJ fBUSI: The main purpose of the Trust shall be for the education of

The trust shall be a public charitable trust whose beneficiary shall be the people of India in

general without any distinction or regard to religion, race, creed, community, sex, and place of

birlh or any other.

2. The name of the Trust shall be ACLIV FOUNDATION.'TR USl-

I. REGISTEREDOFFICE

The,, Registered Office of the Trust shall be at, No.1750i33, 1" Floor, VBC Arcade.

Garvebhavipalya, Hosur Main Road, Begur Hobli, Near Bommanahalli, Bangalore 560 068 or

such other premises or place as the Trusrces rnay decide. (il

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I I APR 20t2
II. AIMS AND OBJECTS

1. The main object of the Foundation shall be to educate children for the purpose of their

upliftment and those who in tum will solve the economic and social problems. The

Foundation may without prejudice to generality of the foregoing, carry out and perform

inter alia, all or any ofthe follcwing.

Grant scholarships, stipends, prizes, rewards, allowances and other financial assistance

and any other assistance.

3. Establish, promote, support, maintain, help, run and grant aid or other financial assistance

to any educational institution' estabtished for and having the objects similar to objects of

the Foundation.

4. Establish, construct, take over, plonote, support, maintain, manage and grant aid or othei-

financial assistance to or for the benefit of any schools, colleges, hostels, lecture halls and

other establishments and institutions for the development of literacy and education and the

dissemination.of useful knoi.r'ledge and information, including but not limited to special

institutions and facilities for the development and physical well being and for the benefit

ofthe handicapped, the underorivileged and weaker sections ofthe society.

Undertake any steps considered necessary or useful, including by way of research and

development, establish or assist (financially or otherwise) any institutions or organizations

concerned with or engaged in such matters, lvith special emphasis on education and

research.

-/ aJ''
 BKTV BNG.B

J Drouni S/o J Huchochor

No 162. l3fh Moin.4th block. Koromongalo. Bongolore
Dominic S/o Xovier
No I 12712, 2nd cross, 2nd Moin, 2nd Block. BEL Loyout, Bongalore

The Nome of the Trust sholt be AcLlv FoUNDATtoN Af .No lTso/33. tst ftoor , vBc Arcqae.
TRUST .
Gorvebhovipolyq, Hosur Moin Rood, Begur hobli, Neor Bommqnoholli,

v.^. w'd.!-t
Designed ond Developed by C-DAC, ACTS, R_he
bn cg: ejt:#do t od6rb8!no,
ulYltl----
 6.
BKTV BNG.
Give financial or other assistance to
rz.r3 7-ts
y authorities, bodies, institutions, organizations and

public charitable trusts engaged in an works or seruices for educational pumoses.

7. Accept donations, gifts, endowments or any other assistance or assets and properlies

whatsoever from any persons, firm. association of persons, company. body corporate.

institution or organization inciuding an), govemlnent or government body or authority and

whether in or from India or abroad.

8. Generally to do or perfbnn all and any other acts, deeds and things as are incidental or

conducive to the attainment of the above objects or any of them, including by the

formulation and carrying out of any projects or schemes relating to any of the aforesaid

matters or otherwise intended for promoting the education and economic welfare of and

the upliftment of the deserwing children to make them better citizens ofIndia.

9. Generally to do or arrange for any other act or activity for the advancement not involving

the carrying on of any activity fbr profit except the achievement of the objectives of the

Foundation.

FTINDS AND PROPERTIES: The funds and properties of the Foundation shall comprise, rnter

alia of the following:

1. Thc sum of tts. 1001F (Rupees One Thousand One only) donated by the Settlors and

lransferred to the Trusteiis as aforesaid for the establishment ofthe Trust.

2. All accumulation thereof and accletions thereto and all other monies assets or orooerties

donated or contribr-rtecl to the Founclation fi'om time bv the Settlor or bv the Central or
 BKIVBNG.B
State Government or any local or

corporations, bodies corporate t

aims and obiects of the Foundation.

3. Properlies, both movable and immovable which may be acquired by 1he Foundation by
t-
purchase, exchange, lease, gift or any other manner or mears whatsoever; and

4. All income received by the Foundation from properties held by it in Trust for the afbresaid

prlrposes.

IV, BOARD OF TRUSTEES

1. The number of Trustees shall at no time be less than 2 and not more than 25.

2. All properties and assets ofthe Foundaticn, as well as the general management and control

of the Trust shall be in the hands of

Mr. Achutha Jois and Mrs. Meghana Jois who shall be the lifetime trustees.

Mr. 'Achutha Jois shall be the Managing Trustee and Chairrnan and N4rs.

Meghana.Iois as Vicc Chairman of the Board of Trustees. The Managing Trustee

shall have the power to nominate his successor.

b. Five othcr trustees shall initially be elected by the aforesaid two trustees. The

trustees other thaij the lifetirr-re trustees shall hold oflice for a period of one year

ol such other period as the appointing trustees shall have fixed at the time of his /

her appointment but shall be eligible for teelection.

".rMP
 BK IV BNG.B 012-13

3. Upon the appointment of a;ry new or trustees, the Trust

shall vest in such neu'tnlstee or jointly with the

powers provided herein.

4. The Managing Trustee shall have the authority, if he / she so considers necessary, to

nominate one trustee from among themselves to be the successor Managing Trustee and to

delegate such porvers and duties to him / her as the Trustees in their discretion think fit.

V. MEETINGS

1. The Trustees shall hold their meeting in a convenient place in Bangalore or elsewhere and

shatt ho(d a1 (east two ordinary meetings in each year. Notice in writing of each ordinary

meeting shall be delivered in person or sent by post to each Trustee at least seven clear

days before the meeting by the Secretary or Clerk, if any, or some other person appointed

by the Trustees in that behalf. However, this notice may be waived and rneeting may be

called without giving seven days clear notice if consent in writing by all the l'rustccs is

given.

2. The Chairman, and failing him. the Vice Chairman of the Board of Trustees, in the

absence of either of them, the Trustees present may elect one among themselves to be the

L narrman o1 tite meetlng.

3. The Chairman or Vice Chairman may at any time suminon a special meeting for any cause

whioh may seem to him sufficient. All special meetings shall be convened by or under the

discretion ofthe person or persons summoning the meeting by notice in nriting delivered

or sent by post lo each Trustee specifying the objects of the meeting and it shall be thc

4rv/ \ l)z
r irf
 r
BK IV BNG.BM

duty of the Seoretary or Clerk of tl.ie Trr.

the Chairman or by Vice Chairman.

4. The Chairman or the Vice Chairman tosether with one other Trustee

of the Board of Trustees shall form a Quorum for such meeting. All decision of the

l-rustees shall be majority decision and in the event of an equality of votes, the Chairman

of the meeting shall have a casting vote.

5. Every question at a meeting shall be determined by a majority ofthe -frustees present and

voting on any question and in case of equality of votes, the Chairman shall have a second

or casting vote. If at the time appointed for a meeting, a sufficient number of Trustees to

form a Quorum is not present or ifany meeting the business is not completed, the Trustees

present may adjourn the meeting to the next day at the same time.

6. The minutes of all proceeJings of mectings of the Trustees or a:ry comrnittees shall bc

entered in books to be kept for that purpose and shall be signed by the Chairman of such

meeting or of the following meeting

Any member of the Board of Trustees shall be allowed to peruse the minutes book (s)

And any other books or accounts or records of the Trust at the Registered Office of the

Trust.

a. f'he Board of Trlrstees may meet together for the dispatch of business. adjourn

and othenvise regulate their meetings and proceedings as thef think

l$
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 BKIVBNGB

b.

VI. LIABILITES OF TRUSTEES

1. The Trustees shall be chargeable only for such rnoney and assets as shall actually conre

into their hands and they shall not be answerable or accountabie for negleci. default, acts

of commission or omission of the other Tlustees nor of any banker or other person with

whom any Trust funds or properties may have been deposited or kept, unless caused by

their willful acts ofneslect or default.

2. The Trustees will not be entitled to receive dny remuneration as Trustees but may

reimburse themselves from out ofthe funds of the Trust, in respect ofall expenses actually

incurred by them in connection with the Trust or the execution or fulfillment of their

duties relating thereto.

3. Notwithstanding anything to the contrary contained herein, the lrustees shall not be

personally liable for anlthing done by them in good faith individually orjointly \^'ith other

Trustees, in the execution ofthe aims and objectives ofthe Trust.

^ All documents and instruments to be executed on behalf of the Trust shall be executed in

the name of the Trust by the Managing Trustee and Chairman of the meeting or by a

Trustee as may be specificaily aull'rorised by the Board of -fmstees and such documents

shall be kept at the otficc of rhe Tnrst under 1l.re custody of the Managing 'l'mstee or as

may be decided by the Board ofTrnstee.

 5.

VI]. POWERS OF TRUSTEES

The Trustees shall have all the pou'ers necessary for the effective management and control ofthe

Trust and its affairs and ploperties and for the achievement and furtherance of the objects of the

Trust. In particular and without prejudice to the generality ofthe foregoing, the Trustees shall, as

a body have and may exercise all or anl,ofthe following powers, subject always to the provisions

of the Trusts Act and the Income Tax Act for the time beins in force:

1. To accept any donation grant or subscription in cash or in kind inciuding any property.

whether movable or immovable lrom any person. association or body of persons. fimr.

company. trust. institution. or5ranizatiorr. government of autholity whether itr Indir or

abroad on such terms and conditions as the Trustees shall think fit.

2. To apply the whole or any pafi of the income funds and properlies the trust and all

accumulations thereof and acci'etions thereto, as well as the whole or any part of the

corpus of the Trust / Trust Fund, for anyone or more of the aims and objects ofthe Trust.

3.. To invest and keep invested ail the income frorn properties ancl funds ofthe Trust in sr-rch

propefties, whetl.rer movable or inmovable, or in such shares, stocks, debentures or other

securities and investments or in deposit with or loan to any company, bank, person, firm,

institution or organization, as the Trustees shall think fit, in confomrity, however, with the

-.'
-)- t '54
 BKTVBNG.B {z r2.13

applicable provisions of the Trusts Act d the Income Tax Act foX

and to increase, reduce, alter, any such in

time to time, as the Trustees may in their discretion think fit and

4. The Trustees shall be subject to the provisions of any law for the lime being in force

relating to charities f'rom time to time, without infringing the provisions of Section 13 of

the Income Tax Act, 196l invest any part of the capital or income of the Trust Fund in

such investment (being the investment authorised by law and in particular the Income Tax

Act, 1961 for the investment of Trust Funds) or in deposits in any Nationalized Bank (s)

and / or subject to the provisions of any law relating to investment of such ir.rvestment and

obiect payment ofany moneys as deposited as aforesaid.

5. To convefi. sell, alter, vary, transpose, dispose off all or any ofthe Trust property, assets,

income and funds for the time being, in such manner as the'frustees shall think fit and to

reinvest or deal with the sale or other proceeds thereof for the benet'it of the Trust ancl its

objects.

6. To bonow money for the purposes ofthe Trust and Managemetrt of properties and assets

on such terms as to interest, security. terms of payment and other matters as the Trustees

shall deem fit.

7. To let out, hire or grant leave and licence in respect of immovairle properly for such period

and ask rent, oit such telms ar.rci condirions as the Trustees in their absolute discretion rnav

think fit'
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 BKIVBNG.
8. To open, maintain and operatq unts u'ith any

F-oundation to pay or cause paid any moneys

whetl.rer by way of fixed deposrt, cunent account or any other account)#O rsgulihrt(e

operation of such accounts by any Trustee or Trustees by any others appointed by

the

Trustees for the purpose as may be deciciecl b1,the Trustees from time to
time.

9. To adjust, settle, compromise, compound, refer to arbitration, prosecute, defend

or context
all actions, suits, claims, demands a'cl proceedings regarding the Trust's
assets, pr-opertles

and income or in any manner relating to the Trust or its activities.

10. To establish or set up such managernent, advisory or other

committees, define apd regulate

their duties, functions and procedures and appoint or make provision

for the appointrnent
of any persons (including all or any of the Trustees) as members of such
committees or
cancel any such appointments. as the Trustees shall from
time to time think fit.

I I The Trustees may make such arrangements, draw up such schen.re

or schenes and rnake /
frame such byelaws and rules as they shali in their uncontrolled
discr.etion think fit, for the

administration ofthe charitv hereby constituted, the management of the Trust

[ru'd or anv
other propefty for the time being subject to the Trust of this Deed
of any part thereof a'd
may at any time, amend, alter or repeat any of the said arrangement,
byeJaws or rules and

substitute other or others in their place as they shall think fit being not inconsistelt with
Section 2(15) ofthe Income Tax Act. 1961 and arso Sectio'g0(G)
ofthe said Act.

12. To rnake, r'ary, alter or modify schemes..rres. regulations or byeraws for carrying out ihe

aims and objects of the Trust or any of thern for the management of
afrairs and assets
thereof, or for any other purposes, as the Trustees may think fit or proper. , -1r
f n-'Y
 Blt w FNqBMH,KA:....h0V ft
13. To star1, abolish, discontinue ancl frestart, any institution or funds
---,1

intended to subserve or furlher dffi of the aims and obiects of the F

14. To collect. recover. realize and receive all rents interest. income

accrue to or beoome due to the Foundation and lrom out ofthe same, to pay arge

all expenses, charges. impositions and other ont goings and after spending such amounts

as the Tmstees shall decide on the furtherance of the aims and objects of the Foundation,

to set apart and accumulate the balance thereof to the subsequently utilized for the

pulposes ofand to achieve the objects of the Foundation.

15. To appoint and / or dismiss officers, employees, service providers and cor.rsultants to look

after and manage their affairs or properlies or assets of the Foundation, to lemunerate tbem

and regulate their duties and powers as the Trustees may think fit and proper.

16.'fo make donations or contributions to any olher trusts, institutions, organizations etc..

concerned with the well being of the mankind and which is recognized under the Income

Tax Act or under Indian Trusts Act, as a charitable institution or trust.

17. To join or co-operate or amalgamate the Foundation with any other public charitable trust

having the same kind or allied objects upon such terms ancl cor.rditions and the Trustees

mav in their discretion think fit.

18. To apply to the concerned commissioner or other authorities of the Inconle '['ax or

Agricr.rltural Income Tax Departments or to the Central or State Government or to any

ccmmittees or other authorities whomsoever, to secure its registration as a public

f .\f
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 }K IV BNG
{,Gt*:-'
n0n""3
charitable Trust and all applioable e emptions and benefits both

as any donors to its corpus, fun$

19. Generally, to do all such acts and things as may be deemed necessary fo

ancillarv to anv ofthe above nowers or to furlher the aims and obiects ofthe Trust.

VIII. SETTI-EMENT OF DISPI]TES

Intemal disputes among the Trustees or the Settlors and Trustees. if any, arising out of the

interpretation of any of. the Clause of this Deed or relating to any of the affairs of the Foundation

shall be referred to and settled only by arbitration as provided under the Indian Arbitration Act,

1940 (10 of i940) or any statutory re-enactment hereof. lt shall not be competeirt for any Trustee /

no Tn:stee shall take any such matter to a court of law for relief without first referrilg the same to

arbitration as aforesaid.

IX. FL]NDS AND ACCOLINT'S

1. All the incomes and funds ofthe Foundations shall be used solely for the achievement or

fuftherance or its aims and objects and no part thereof shall be utilized for payment of any

amounts to the Trustees or an1' of them (except as otherwise expressly permitted for

expenses or for the reimbursernent of expenses as set forth hereinbefore or hereinafter.),

whether by way ofprofits, interest, dividends or otherwise.

2. Proper accounts of the Foundation and the Foundation's assets, incorne and expenditure

shall be maintained by the Trust. Such accounts shall be closed on 31st March each year

and shall be audited by a firm of Chartered Accountanls. A Balance Sheet, Income and
('U
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 /}Krl'BNG.
Expeniiture Account for each year be prepared, presented to,

signed by the Trustees each year.

3. The funds of the Trust shall be invested in the modes specified

Section 13(1) (d) read with Section 11(5) of the Income Tax Act,

time to time.

X. DISSOLUTION

The Trust shall be irrevocable. If, however for any reason the Trust gets extinguished or

dissolved, the entire Trust assets and funds shall be realized and the net amounts so realized (after

meeting the expenses of such realization) shall be utilized for meeting all other expenses and

liabilities, and any amounts left over shall be donated to any similar Public Charitable Trust and

shall not on any account be distributed among the Trustees.

XI. AMENDMENTS

Any of the terms of this Deed may be varied or extended by the Board of Trustees lrom time to

time by a three fourlhs majority of votes provided however the main objects ofthe Trust, higher

education of children constitute eligible beneficiaries shall not be changed or altered. All changes

shall be carried out and be subject to all consents and approvals required by law and wherever

required prior consent or approval of any concemed authorities. However no amendments to the

Trust Deed shall be made which may prove to be repugnant to the provisions of section 2(15), 11,

12, 13 and,80G of the Income Tax Act, 1961 as amended from time to time.

'-,M
 lq-
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IN WITNESS WHEREOF the pafties

first above written. {hrrt \,r rr 9

:is,

SIGNED AND DELiVERED by the aforesaid Settlor

7*.
Mr. Achutha Jois iir the presence of
4{

SIGNED AND DELIVERED by the aforesaid Settlor

Mrs. Meghana Jois in the presence of

SIGNED AND DELIVERED bv the aforesaid Trustees:

Mr. Achutha Jois in the presence of

nr
fe $
Mrs. Meghana Jois in the presence of

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THIS IS A
:TJil";ff
SUPPLEMENTARY DEED
:T: ffiT:ffi
to the TRUST DEED of the "ACLIV
\Y'
FOUNDATION" Education Trust bears the date of 2'o duy of April , 2012 made and
executed in Bangalore on this 17th day of August 2012.

Mr. Achutha Jois S/o. Drouni Jois and Mrs. Meghana Jois Wo. Mr. Achutha Jois
residing atNo.162, 13'h Main,4'h Block, Koramangala, Bangalore 560 034.

Hereinafter referred as the AUTHORS/ SETTLORS of the " ACLIV FOUNDMION"

Education Trust.

(r'1'{'4c+r-
the authors executed the.Educational Trust with the object of providing benefit
n{ of schooling &
A
higher education in tlre registered Deed of the Trust as document No. 28 of
year 2012-13 in the office of the Registrar of Bommanahalli, Bangalore dated l lth Day of
April 2012 with the initial Deposit of Rs.1001/-.

AND WHEREAS with need for the addition of the following clauses for the purpose of
registration U/s.i2A and grant Exemption U/s. 80G of thd Income Tax Act ,1961 and in
excise the power conferred in the original Deed of Trust are made and executed on this day.

AMENDMENTS: No Amendments to the Trust Deed./Memorandum of

Association tsylaws/Rules & Regulations shall be made which may prove to be repugnant to
the provisions of the Section 2(15),11,12 & 13 & 80 G of the LT. Act,1961, as amended
fiom time to time. FURTHER NO AMENDMENT SHALL BE CARzuED OUT WITHOUT
THE PRIOR APPROVAL OF THE COMMISSIONER OF INCOME TAX.
 BKW i *-t**... J#- ";2o1z'Y5
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'tnilo69d'
Designed qnd Developed by C- DAC ,ACTS Pune. z 1 iJG z0le
 BKrvBNc/MH...#2 ,on rt.n

@
DISSOLUTION: In the event of dissolution or winding up of the trust /society the assets
remaining as on the date of dissolution shall under no circumstances be distributed among the
trustees/members of the Managing Committee /Govemment body but the same shall be
transferred to another charitable trust /society whose objects are similar to those of this
trust/society and which enjoys reorganisation u,/s. 80G of the I.T. Act,1961, as amended from
time to time.

IN WITNESS WIIEREOF the parties hereto have hereunto set their respective hands the day
and year lrst above written.

SIGNED AND DELIVERED by the aforesaid Settlor

Mr. Achutha Jois in the nresence of

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SIGNED AND DELIVERED bv the aforesaid Settlor

Mrs. Meghana Jois in the presence of ry0 rl\",/

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N. SHANtAR,B.sc., LLB..
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Pandu Rangr llagar
Cinnergnatt Main Road
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