KNOWLEDGE IN CIVIL SOCIETY (KICS)
---------------- TRUST DEED OF KNOWLEDGE IN CIVIL SOCIETY
The Deed of Declaration of Public Charitable Trust executed at Secunderabad, this 27th day of August 2010 by
1. Prajit K. Basu Trustee
2. Kavitha Kuruganti Trustee
3. C. Shambu Prasad Trustee
4. M.V.Sastri Trustee
5. N. Sreekumar Trustee
hereinafter called the Settlers and /or the Trustees.
The proposed Trustees, having been closely associated with the work of various voluntary agencies, are interested in coming together to promote an organization that will work towards development of Indian people, based on knowledge-dialogues and promote the creation of a clean and healthy environment, contributing to poverty alleviation in the country : towards this purpose they have contributed an amount of Rs. 1,000/- (Rupees One thousand only) each to create the corpus of the Trust.
Now therefore, this Deed of Declaration of Public Charitable Trust witnesses as follows:
The Public Charitable Trust will be known as Knowledge In Civil Society ("Trust" or "KICS" hereinafter) and shall be non-profit, without affiliation to any political party and secular in character and shall promote knowledge-dialogues and models on Science and Technology that further the capacity of common people without consideration of religion, race, caste or creed, and this the Trust intends doing by associating itself with other organizations across India, particularly non-government organizations and community-based organizations with a track record of contribution, by their on-going work, to people's science. It shall also relate with all other relevant institutions including academic, government and other set-ups that can contribute to the objects of the Trust.
II. REGISTERED OFFICE:
The Registered Office shall be situated at H.No: 12-13-450, Street No: 1, Tarnaka, Secunderabad.
The Objects of the Trust shall be:
I. To work with organizations devoted to Science and Technology, with special reference to all aspects of agriculture, village industry, environment, health etc. to help usher in a just and equitable society by pooling, documenting and making accessible knowledge derived from the work and experiences of such organizations and from all other relevant sources.
II. To advance knowledge-dialogues on Science and Technology as the basis for policy formulation by government through pooled and well documented studies.
III. To encourage various organizations to undertake and carry forward work that would enrich and enhance knowledge that would expand the focus of the objectives of the Trust.
I) To develop and strengthen networks of NGOs and CBOs and enhance their knowledge and capacities in Science and Technology by future work by them.
II) To encourage NGOs, CBOs and their networks, along with other associates from the academic world and government, to initiate, and/or strengthen, work based on knowledge derived from their own work and all other appropriate sources.
III) To work in cooperation with other national and international institutions in furtherance of KICS objectives within India.
IV) To carry out research, training, documention and pilot projects in the areas relevant to KICS objectives.
V) To strive for achieving the Trust's objectives through facilitating the work of, or working with, other agencies and their networks as far as practicable, and collaborating with them in the effort to build progressively a comprehensive body of knowledge.
VI) To conduct such other activities as may be necessary to further the objects of the Trust. The Trust may do all deeds, acts and things necessary for the furtherane of the objects of the Trust, but shall not do any activities of profit. Its income, if any incidentally, shall be applied only for public charitable purposes/objects of the Trust.
1. The Board of Trustees shall have five members as Trustees, with a term of office of three years for each trustee :
2. a. The First Board of Trustees, whose term of office is for a period of three years from the date of registration of the Trust Deed, shall consist of the following :
1. Prajit K. Basu Trustee, Aged , 56 years, Son of (Late)
Pradyumna Kumar Basu, with permanent residence at 3-3-108/51, New
Friends Colony II, Hyderguda (Near Attapur), Hyderabad.
2. Kavitha Kuruganti Trustee, Aged 39 years, Daughter of Mrs. K.G.
Bhavani & Mr. K. Ramesh, with permanent residence at # 501, Maphar's
Cascade Apartments, 12-2-709/1/A, Karol Bagh, Padmanabha Nagar,
3. C. Shambu Prasad Trustee, Aged 43 years, Son of (Late)
C. Ramakrishna Sastri, with permanent residence at Block 3, Flat 16,
Faculty Quarters, Xavier Institute of Management, Bhubaneswar, Orissa.
4. M.V. Sastri Trustee, Aged 72 years, Son of Late M. Rama
Murthy, with permanent residence at H.No: 12-13-624, Nagarjuna Nagar,
Street No: 14, Tarnaka, Secunderabad.
5. N. Sreekumar, Trustee, Aged 49 years, Son of (Late) C. Raman
Kutty Nair, with permanent residence at Flat No: 405, Divya Enclave,
12-5-34, Vijayapuri, Tarnaka, Secunderabad.
3. The first Trustees, who shall hold office for a term of 3 years, shall retire through a staggered method, to be decided by the Board of Trustees following registration, and this is so as to avoid retirement of all at one time.
4. Whenever vacancies arise, the BOT shall strive to nominate persons as Trustees with care, on the basis of their subscribing to the Trust's objects. Such new Trustees should be drawn from among lists recommended by joint deliberation of Consultative Meetings (see Article X below) of KICS partner groups, networks of groups and KICS staff.
5. The retiring members can be renominated, the renomination being done by the continuing members by consensus or vote.
6. All Trustees shall be Indian nationals, ordinarily resident in India.
7. There shall be Chairperson of Board of Trustees (hereinafter Chairperson), chosen, as early as possible on registration of the Trust Deed, by, and from among, the Trustees, to look after the affairs of the Trust for a period as decided by the BOT, not exceeding the length of her/his term as Trustee. On conclusion of the term of the Chairperson, the Trustees would elect a successor, the retiring incumbent being eligible for re-election.
8. Casual vacancies in the Board of Trustees shall be filled up by the continuing Trustees for the unexpired part of the term after consultation between the Trustees, the staff of the Trust and partner groups and network of groups of KICS.
9. The Board of Trustees shall meet at least once a year and as often as necessary at the Registered Office of the Trust or at such places as may be decided from time to time.
10. Any business requiring urgent decision by the Board of Trustees shall be transacted by circulation among the Trustees by the Chairperson. Such approval shall be placed before the next meeting of the Board for ratification.
11. If any Trustee carries out any action detrimental to the work of the Trust or his/her continuance is considered detrimental to the Trust, such a Trustee shall be removed by the other Trustees from the Board of Trustees after giving him/her an opportunity to explain his/her position, by a vote in a meeting of the Board and the fact shall be intimated to the Trustee concerned in writing.
12. The Trustees, including the Chairperson, shall function in an honorary capacity. Notwithstanding their honorary capacity, the Trustees can be called upon to do any specific work of relevance as decided by the procedures of the Trust to be laid down by the BOT following registration and may be compensated appropriately, as decided by the BOT in each instance.
VI. PROPERTIES VESTED IN THE TRUST:
a) The Board of Trustees shall hold the properties or funds, whether of the present or the future which may hereafter belong to the Trust, and shall be held in the name and on behalf of the Trust ; the BOT shall expend the income arising therefrom for the use and purposes of the Trust and the institutions, if any, under the Trust.
b) The Trust may receive funds from the Governments, State and Central, National and International foundations, funding agencies, individuals and institutions, to further its objectives.
c) The Board of Trustees shall, from out of the income thus realised, expend such sum or sums of money as it may deem fit and proper towards the maintenance of the properties of the Trust in good and tenantable condition and meet all expenses which the Board of Trustees may think necessary for the proper management of the Trust and for carrying out its programmes efficiently.
VII. POWERS AND DUTIES OF THE BOARD OF TRUSTEES:
1. The Board of Trustees shall, in accordance with the Mandate developed for the Trust under Article IX below, formulate rules and bye-laws, covering work procedures, service of staff and the like, for the effective management of the Trust and for amendment of the same from time to time to meet all exigencies. The Board of Trustees shall have powers to lay down the policies for the work of the Trust and review the same from time to time in terms of the Mandate (Article IX below) of the Trust.
2. The Trust may recommend, sanction, grant or give donations to other institutions with similar objects.
3. The Trust may receive/ reject donations in any form, to raise funds by advertisements, through publications brought out by the Trust, by organising appropriate programmes, by accepting fees, by service charges, by contributions and by subscriptions.
4. The Trust may purchase or take on lease lands, buildings, equipments, materials and things, to erect and maintain buildings and other structures and to sell, mortgage, dispose of or otherwise deal with all or any of the same as the Board of Trustees may think fit and proper.
5. The Trust may sanction loans or borrow sums of money, for short or long term, as it may think fit and proper, to control and manage the assets of the Trust and to execute, become party to, sign, acknowledge and register all deeds, agreements, contracts, amounts, receipts and other documents and writings and to give effectual discharge on behalf of and against the Trust.
6. The Trust may borrow from time to time, for furthering its objectives, such sum or sums of money at such rate of interest for such period and on such terms with or without security, movable or immovable, as the Board of Trustees may think fit and to secure payment thereof with interest by mortgage or by bond, promissory notes and other negotiable securities.
7. The Trust can institute, conduct, defend, compound, withdraw, compromise, adjust, refer to arbitration or abandon any legal or other proceedings, claims or disputes by or against its officers or employees concerning the affairs of the Trust and to sign and verify vakalats, plaints, written statements, affidavits and other documents.
8. The Trust may appoint from time to time, staff, professional, technical, non-technical and other, with such powers and duties and upon such terms as to duration of office, remuneration or compensation otherwise and at any time to suspend, dismiss, terminate, or discharge any or such of them as the Board of Trustees shall think proper or necessary.
9. The Trust may open and close accounts in the name of the Trust in any scheduled bank or Post Office, and to operate such accounts.
10. The Trust may insure and keep insured, if deemed expedient, all or any of the buildings and other assets of the Trust.
11. The Trust may invest surplus funds, if any, of the Trust in securities approved by law relating to Trusts as per IT Act 1961, or in such manner as the Board of Trustees may think fit and proper in the best interest of the Trust.
12. The Board of Trustees may delegate to the Chairperson all or any of the powers, authorites and directions vested in the Board of Trustees and generally to carry out such transactions as the Board of Trustees considers expedient in the best interest of the Trust and to make all such arrangements and such acts and things on behalf of the Trust as may be usually necessary, desirable or expedient for sound management of the affairs of the Trust or for carrying out work to achieve the objectives of the Trust.
VIII. CHAIRPERSON OF BOARD OF TRUSTEES :
I. The Chairperson of Board of Trustees shall be chosen by the Trustees from among themselves, for a period not exceeding his/her term as Trustee.
II. The Chairperson's term is governed by provisions of Article V above, and for purposes of retirement, renomination and termination of membership, the Chairperson shall be considered on par with the Trustees.
III. The Chairperson shall preside over the meetings of the Board of Trustees and in her/his absence, the members present may elect a Trustee present to preside over that specific meeting.
IV. The Chairperson shall carry out faithfully such responsibilites as may be delegated to her/him by the Board of Trustees from time to time.
V. The Chairperson shall be the official representative of the Trust and may sue or be sued in the name of the Trust.
IX. MANDATE OF THE TRUST :
On registration, the BOT shall, as early as feasible, constitute a group consisting of competent persons, including the BOT members and Core Group Members (Article XI below) to draft the Mandate of KICS work subject to all provisions of the present Trust Deed, which on approval by BOT, shall guide the work of KICS. The BOT, in consultation with partners, may have the Mandate reviewed from time to time.
X. CONSULTATIVE MEETINGS:
I. The Board of Trustees, through its Chairperson, shall convene each year a Consultative Meeting of all those groups, bodies, institutions and networks with which the Trust intends to work or has been working. The subjects to be discussed in such consultative meeting include review of work in the previous year, proposed future work of the Trust, and such other matters as suggested by the Trustees, staff of the Trust and the assembled group representatives with a view to improve the work of the Trust. Such Consultative Meetings shall take place as many times as necessary but atleast once in an year.
II. The Trustees and staff of the Trust shall be invited to such Consultative Meetings.
III. Such Consultative Meetings are entitled to receive reports of the work of the Trust as also statements of accounts.
IV. The Board shall consider in the fullest measure the recommendations of such Consultative Meetings in carrying out its tasks and shall normally base the Trust's work on such recommendations. Recommendations for appointment as Trustees in vacancies on the Board shall also be made by such Consultative Meetings.
XI. CORE GROUP :
The BOT shall constitute a core group consisting of its own members and not more than 5 knowledgeable others to guide continuously the work of the Trust. The Core Group, members, appointed in their capacity as Trustees, shall cease to be Core Group members on conclusion of their membership in BOT. The Core Group members, who serve for a renewable term of 3 years, shall be part of the Consultative Meetings ; the Core Group does its work either through correspondence, or meetings, as many times, as necessary. The Core Group shall help the Trust on implementation of the Mandate and such other matters referred to it by the BOT from time to time.
XII. OPERATION OF BANK ACCOUNTS:
The bank accounts of the Trust will be operated by three Trustees to be designated soon after registration by BOT, any two signatures being required for drawl. One of the three designated signatories shall be the Chairperson.
XIII. MAINTENANCE OF BOOKS OF ACCOUNTS:
Regular books of accounts of the Trust shall be maintained and closed on 31st March. The same shall be got audited by a Chartered Accountant every year to reflect the state of affairs of the Trust.
XIV. AMENDMENT OF THE TRUST DEED:
The Trust Deed may be amended by a resolution passed by a unanimous decision of the five Trustees present and voting in a meeting of the Board of Trustees called for the purpose. Any addition, alteration or deletion to the existing objects of the Trust shall be made only with the approval of the Commissioner of Income Tax concerned.
The funds of the Trust shall be utilised only for the attainment of the objects of the Trust and no portion thereof shall be transferred or paid directly or indirectly to any of its members or their relatives.
XVI. NON-PROFIT NATURE OF THE TRUST :
a. The Trust herein declared shall not undertake any activity of profit for the benefit of its members.
b. However any incidental profits accruing shall be utilized for achievment of the objects of the Trust.
XVII. DISSOLUTION :
In the event of dissolution of the Trust the properties and funds remaining shall be transferred and paid to some other institution which has similar objects and been registered under Section 12A of the Income Tax Act
XVIII. IRREVOCABLE NATURE OF THE TRUST:
This Deed of Declaration of Trust and the Trust herein declared are irrevocable.
XIX. PUBLIC TRUST ACT PROVISIONS BINDING:
Matters not covered in the present Trust Deed shall be governed by the appropriate provisions of the Public Trust Act under which this Trust is registered.