Data Meet Trust Deed

document warns HM Shae! ol am New"). TRUST DEED W5 deed of trust made and executed on (hrs We 28'" day of February Two Thousand Founeen (1) Mr TnEJesh (2) Mr Anand Subramema - heremalter (new Capacny as FOUNDERS, DataMeel Trust an NGO at c/o Centre of Werner and Socrety'N0194' Second Cross' Domlur Second Slage' Bangalore 550 071 herein after rererred ID as the expressvon she" mean and \nche Where the context so requrres thew legal herrs . executors and represenxahves of the ONE PART Whereas lne Semors nerem are the Founders 01 DetaMeel Trust. an NGO current'y operalmg the Stare of Karnataka (heremafler rererred to as "DaraMeet") Where as me DataMeet Trust vs desuous a chamabre Fund ior chamable Where as the Semors have sewed a sum One thousand and one only) upon trust for educahonar' cuHural, pubhc Charrlah'e purpose 0' (he benefit Where benefits at the trusr snarl arways be avaueble to me generar pubhc at \arge of me and Subject to the powers and provrsron hereinafter declared 37d Comavns, Dum Dove Tune 25 2071! \14127 AM gm; 1042 nonnammadmm. in"; mm: .rboiy") gages 28112 20M U425thesn gm: wafflaed'lfim'ho acumen 1M: Yrs--o? vr_ "mamas NC (a "mannaaheetolltocttl M. room NOW DEED OF TRUST IS MADE AND EXECUTED AS FOLLOWS - 1 The Trust hereby constituted shall always be known as "nataMeet Trust" and its administiative office shall be situated at clo Centre or lnternet and Society'No 194. Second Cross, Dornlur second Stage, Bangalore 550 071 or at such other place in india as the Trustees may lrom time to time ht decide includlng any branches in any part of the Country In the interpretation of Deed unless the context otherwtse so requires the lollowmg words and expressions shall have the following meanings respectlvely attached theretui means the period with the first day otApnl in any year and with 31" day at March tollowmg means the said sum or Rs 1,001/r (Rupees One thousand and one only) constituttng or the said tund and all donations whether in money or in movable in property and I or immovable at any kind and or all additional moneys may trom time to ttme be collected by the Trustees to be held upon the Trust or this Deed and all money and or properties or every kind given, donated or bequeathed tor the purposes of the Trust of this Deed and all other additions thereto and the investments and property for the time being the same and all moneys. share stocks. tunds and securities and other properties movable or immovable which may under the trust and provisions of these presents be substituted or added thereto and tor the time being subiect to the Trust or this Deed Words denoting the singular number shall include the plural and vice-versa and Words denotlng the masculine gender shall Include the feminine and The tollowmg Shall be the first trustees oi the trust hereby constituted' i. Srit rhejesii it Analld 5 Sri Thejesh shall be the Chairman of the Trust The Trustees shall stand possessed of the Trust Fund and all income therefrom UPON TRUST rrorn time to time to pay or apply such income of the Trust Fund in paying or discharging all costs. charges and expenses of the trustees or or incidental to the admlnistration or execution at the Trust or powers thereoti or the management at the charity hereby constituted and the properties movable Or Immovable thereof AND SUBJECT THERETO shall pay or apply the net income or it and whenever such income shall in the view oi the Trustees be sufficient therefor then out at capltal at the Trust Fund tn perpetulty for one My 'he'esh (mum, "Dummy, ammo) . Boom .mm'eu. or more of the foilowing objects and purposes with the actlvities of the trust and the application of its objects extending to the whole oi India in accordance with the provisions hereinatter contained that Is to say i To tacilitate through education, promotion and various iinancial and organisational support -- access, understanding and usage oi data ror civic purposes. by working government, private agencies and individuals ii. To establish centers at various parts of india With a primary oi imparting education tor usage of data To organize seminars. lectures. symposia. conferences. and the like for purposes oi promotion of open data and ditrusion of knowledge iv To engage volunteers globally vvith technology as an enabler who would be contributing to the promotion or the obiectives or the Trust To irnpan training to volunteers to achieve the opiectives ot the trust VI. To collaborate with other non--governmental organizations or corporate bodies in conducting and operating projects In the field ofdata usage. vii. To carry out or engage in any activity to the furtherance of the opiects of the Trust. To carry out and assist in carrying out activities which are philanthropic and charitable in nature tor improving access to data and information tor the poor The Trustees shall subject to the provisions or any law for the time being in lorce relating to chanttes from tlme to time. without infringing the pmViSIons of section 13 of the Income Tax Act. 1961, invest any part of the capital or or the income of the Trust Fund in such investment (being the investment authorized by law and in particular the income Tax Act. 1961. for the investment of Trust Funds) or in deposit in any Nationalized Bank/S and/or subject to the provisions of any law relating to investment of funds of charities and may sell or realize any such investment and object payment of moneys as deposited as aroresald The Trustees may appoint any officers, secretaries, clerks or servants. whom they may think necessary or desirable tor the purpose or carrying out the object or this Trust and powers at Ihls deed upon such terms as to the duration. remuneration or otherwise as they may think proper and may at any time dismiss or discharge any such persons so appointed. The trustees may also employ any auditors, accountants, lawyers. or other protessional persons or experts to advise them to any question arising in accordance with the said Trust and powers. All expenses. salaries, fees or other remuneration of any person or persons appointed or employed pursuant to this clause shall be paid by the Trustees out of the capitai or income of the Trust Fund 1 mg m, I Thompson Cooksn Road, Hezov Town Bangalore 2 reomshekcr I Bongo'ore i wa'a'neogfitpw a mus: NAME rs YRUST ficamr'ffld. Horw'sua - 4 a: my: W?opec mo ACVS rune 75 - I 7 The Trustees may at any time invite and receive or wrthout such invitations receive any voluntary contributtons or money or shares or any securities and any other property movable and/0r immovable trom person or persons whomsoever either by way or donation or annual or other payment or legacy or otherwtse tor the benefit of the Charlty hereby constituted and on such terms and conditions, it any, not belng inconsistent these presents and the Trusts hereoy established or constituted as the Trustee may think ht. a The Trustees may make such arrangements, draw up such scheme or schemes and make/heme such eyelaws and rules as they shall in lhelr uncontrolled discretion think ht, for the administration or the charity hereoy constituted. the management or the Trust Fund or any other properly tor the time being subject to the Trust or this Deed orany part thereol and may at any time, amend alter or repeat any of the said arrangements bye~laws or rules and substitute other or others In their place as they shall trunk fit being not inconsistent with section 2(15) or the income Tax Act, 1951 and also section 50(6) or the said Act 9 The provisions shall apply to meetings and proceedings or the Trustees. (at) The Board or Trustees Initially snail be constituted by 02 Trustees mentioned in this Deed of Trust The aoard or Trustees are authorized to cc-opl as many trustees as they deem necessary so however not exceeding 15 Trustees, who wholeheartedly subscribe to the objects or the Trust The final appointment of Trustee should be decrded try the maicnly vote or the Board or Trustees (DJ The minlmum criteria for person to be nominated to the Board or Trustees shall be described as below Other desirable criteria will apply as per the Governance Policy Manual of DataMeet 1 Should be non-partisan non-political and secular 2 Should have been associated with the DataMeet or a comparable N60 for at least for two years in any capacity such as staff, volunteer or donor 3. Shuuld commit to the roles and responsrbilltles Of the board as described in the governance manual 4 Should meet other minimum and deslrable criteria as lald down in the Governance Policy Manual of DataMeet A vacancy caused in the once or the Trustees shall be tilled by admitting another Trustee in the vacancy so caused with the consent of majority trustees It any orthe Trustees desires to retire from the administration ollne Trust, he shall give one month's prior notlce tn writing to the Board of Management and the Board shall 2 the power ol to accept or reject the retirement notice teszd daoEed argo*, *m:1b i' d'ad .;,,--i l--Sicb-a;H* iI ; I, , l L l . d/og(dra:) Jeo*tJscib-"rdt, Dasoo add --.,-..----.:--, 'f r@0,oo rur-u,0oIi pqiOln_Cil_h_ pqid6_C;.h* t ' - ' *ut,r _,,-_.r f ! . - o pea^r,^q^, uaofigobr i *$ $ano ' l@0.@- _: dd : eoaco#to 6mod:2g/A2/2O14 frt"r^^J4., ^^.r. erud-toeode6 rb* obj *O'ro' (eoauadrlo ) DeslgnedondDevetoped by C_DAC.ACTS pune, uueCfoeodrsdetDS qoa(n&ld, tjodcoo - ? ofDoc .,,,-,,,,rt,,$lpgt l[o.lil,tZ",0tB00k (e) Intheeventofdeath, retirement ordismissat ofany,r/,?",;fT""rol* ,'avethepower to co-optanybodyas the Trusteein his placewithina periodof threemonthsfromthe date of such occurrenceof the va€ncy.and the Boardshall have the powerto dismissany Trusteesof theyare foundto act to the detrimentto the interestof the Trustof if theyareto abusethe powersvestedin them. (f) TheTrusteeshallholdtheirmeetingin someconvenient placein Bangalore or elsewhere and shall hold at leastfour ordinarymeetingsin each year. Noticein writingof each ordinarymeetingsshallbe deliveredin personor sent by postto eachTrusteeat least seven cleardays before,themeetingby the secretaryor Clerk,if any, or someother personappointed by the Trusteesin that behalf.However, this noticemay be waivedand meetingmaybe calledwithoutpayingsevendaysclearnoticeif consentin writingby allthe Trusteesis given. (g) The Chairman/chairperson shall presideover all the meetingsof the Trust. lf the Chairperson/chairman is not presentwithin 15 minutesof the scheduledtime for any meeting,the Trusteespresentmay electone amongstthemselvesas chairmanto preside overthatmeeting. (h) The Chairmanor any Trusteemay at any time summona specialmeetingfor any cause whichmay seemto hirnsufficient. All specialmeetingsshallbe convenedby or underthe discretion of the personor personssummoning the meetingby noticein writingdeliveredor sentby postto eachTrusteespeciffingthe objectsof the meetingand it shallbe the dutyof the Secretaryor Clerk of the Trustee,if any to give such noticewhen requiredby the Chairman, or by anyTrustee. (i) Thereshall be a quorumwhen two Trusteesare presentat any meeting,Pendingany vacancy,the Trusteesfor the time beingless in numberthan a quorummay act for all purposesin the administration of the Trustthereof.Subjectto the provisionscontainedin clause19 hereinafter if the numberof Trusteesfallsbelowtwo the continuing appearing Trusteeshallnevertheless act for the purposeof appointingnew trusteesbut shallnot act for anyotherpurposeuntilthe numberof Trusteesis raisedat leastto the minimumof two. No businessshall be transactedat any meetingof the Trustees,whetherordinaryor quorumis presentthereto. special, unlessthe requisite 0) The quorumfor the meetingof the Boardof Trusteesshallbe 50%of the strengthof the pertaining the Vision,Mission, to changing Valuesand Objectjyes qf !oar!, Fordecisions DataMeet thequorumshallbe 75%. 0 ? I PAGFIG *? > 10V 6 .Sheei oi Dot! 15 \t Any vacancy among the members at the board at trustees may be hiled by the trustees or their successors and they shail hold office for such duration as may be spe'cihed by the board 0' trustees, Every question at a meeting shall be determined by a majority oithe Trustees present and voting on any question and in case of equality oi votes the Chairman/chairperson shall have a second or vote. Any such resolution at the Trustees may be rescinded or varied are special meeting held after less titan seven days it at any time appointed ior a meeting, number at Trustees to term the quorum is not present or it any meeting the business is not completed the Trustees present may adjoum the meeting to the next day oi the same time (ii) A minutes book shall be provided and kept by me Trustees Shall be entered in such minutes book and shall be signed by the Chairman and when so slgned shall be conclusive evidence of the contents thereof (0) Termination of the oihce ot the trustees Trustees shall cease to hold ottice a it he dies b. it he resigns if he is adjudged insolvent or lound guilty oi an ottence involving moral turpitude, it he is found to have acted against the interest oi the trust e. If it is unanimously decided by the Trustees that his continuation is against the interest of the trust 1 Upon expiry olthe period up to which the board of trustees have nominated the trustee. In case the Trustees shalt not be unanimous upon any matter arising out at or about the Trust hereby created or the administration thereoi, execution of any trust or power herein contained or otherwise relating to the trust there or, the decision at the majority of the Trustees shalt bind the descending minority and the acts oi the majority of the Trustees in the execution at the Trust and powers hereby conferred upon the Trustees shall be as valid as iithey have acted in such a manner unanimously tn the event oi Trust being unable to fulfill the objects tor which has been established, the Board at Trustees shall buy the majority oi not less than 2/3" at Trustees present and voting, agreed to close the activities of the Trust and in such circumstance all the iunds of the Trust shall be Iranslerred to some other Trust. Society or institutions having objects simiiaL this 12. 13. 14. 15 16 SheetotDoct unlimiaoltoot [3 -- Trust provided however. that such Trust. or Institutions has exemptions similar to that available wIttl this Trust from the Income Tax department Subiect to the provisions of any law relating to charities. the Trustees shall cause accurate account to be kept ot all receipts and payments made on account or the charity hereby constituted and shall make up such accounts to the thirty first day ot March in every year, The accounts shall be annually audited by a Chartered Accountant wim in the meaning or the Chartered Accountants Act. 1949 whom the Tnistees may employ and pay tor the purpose The Trustees tor the time being or these presents may appoint one or more of the Trustees from among themselves as the Managing Trustees with all or such ot the powers and the authorities of the Trustees as the Trustees may think at and may lrorn time to time withdraw any such powers and authontles, The otfice otthe Trustees shall be honorary and shall not carry any remuneration The Trustees may appolnt one or more at persons amongst themselves as a full time employee, protessionat consultant or adviser at any institution or other project established or maintained and run by the Trust Notwithstanding anything contained in clause 13 above. such trustees rendering services of an employee. consultant or adviser. as the case may be, could be paid such remuneration and prowded such benefits and amenities as the Trustees deem fit. The overall management or the activities of the Trust including appointment of senior start shall vest in the managing Trustees under the supervision and guidance ot the Board ct Trustees, The terms and conditions or the appointment may be finalized by the managing Trustees in consultation with the committee on recruitment and remuneration and shalt only be done with the approval ot the Board or Trustees in addition to the duties and obligations or the Trustees mentioned above the Board ct Trustees shall have the following powers - To authorize shows. programs and other activities for raising and funds lor the Trust - To frame rules and or byeelaws. alter. vary. amend. delete and also add rules or byeelaws tor the conduct and management of the Trust or the Trust fund or tor carrying out the obtects or the Trust - To enter into contracts and other agreements on behalt ot the Trust including action 5 purchase or sale of Trust properties. taklng loans or other assistance from for and on behalf of the Trust ,A--ufii--ll Sheetof Dahlia"? lfi'l'rt 17 For the execution or carrying out the Trusts of these presents and without preludlce to the generality or any powers hereby or by law conrerred or implied or vested in the Trustees, the tollowmg powers and authorities are hereby expressly conferred on the Trustees, and all or any ot the powers enumerated below may be delegated to the managing Trustee appointed as per clause 14 above To open Banking Accounts in the name of the Trust. To permit any one or more Trustees to operate any banking account and without any liability another Trustees to examine the said accounts to be in any way responsible. torthe acts deeds or defaults in such Trustees in connection with accounts To raise loans overdrafts arid cash credits and receive money on deposits and to sell, let exchange. surrender' give up. mortgage, charge, pledge demtse or dispose ot any property movable or immovable tor the tlme being subtect to these presents and upon any exchange as atoresard to give or receive any money for the equality or exchange To grant lease for such period and on such rent and on such terms and conditions (lncludlng an Dptlon to the lessee or purchase) as the Trustees may think fit and aocept surrender at any lease AND IT IS HEREBY DECLARED that any premra or such grant or surrender of lease shall be treated as income or as capital as the Trustees may think til. To purchase or hlre or take on lease or on hire purchase any immovable or movable property for all or any of the purpose or the said Trust at such rents and on such terms and conditions and ror period and with or an option tor renewal as the Trustees may fit (0 To delegate by Power of Attorney or otherwise to any Trustee or Trustees or a committee of Trustees or other persons whomsoever. any power implied by law or contened by statue Vested in the Trustees by these presents but the Trustees shall not be held liable or responsible for the acts or delaults of any other Trustees or persons except only lor their own respective acts or defaults, (9) To compromise or compound all action. suits appeals applications and other proceedings and all dltferences or disputes and to refer the same or any or them or any part thereof to arbitration and to carry out all decrees, awards and settlements. To adiust, settle and approve all documents relating to the trust Fund and to execute releases as tully as if they were absolutely entitled to the Trust mo and without pain answerable tor any loss occasioned thereby anal'"lz~ a? otDoct 3 [91 To decide all questions arising tn the admrnistration of the Trust rnciuding all questions relating to the interpretation or these presents or otherwlse concerning or touching these presents or any clause or thing therein contained or any matter connected With or arising out or these presents or the operations of execution or carrying out thereof The deCision or the Trustees Or! any such matters aioresald shall be finai. To reimburse themselves or pay any discharge out or the iunds at any property subject to the trust rung oi these presents. To accepts any legacy or bequeath contained in any will lett behind by any Testatcr and to manage all the bequeathed properties in the manner and on such terms and conditions as may be stipulated by the Testalor in his Will and to spend or distribute the inoeme received irorn the bequeathed properties in the mannerdirected by the Testator in his will 18 The Trustees may meet together for the dispatch of business adiourn or otherWlse regulate their meetings and proceedings as they may think ht A resolution including a resolution relating to investment or the Trust Fund or sale orany trust property or any borrowing hy the passed without any meeting or the Trustees and evidence by writing under the hands of a majority or the Trustees shall be valid and errectual as a resolution duly passed at a meeting of presents. Provided, that the resolutions had been circulated in draft together with the necessary papers. ii any, to all the Trustees at their usual address in India 19 The Trustees St'la" (ram lime to time determine the Trustees who shall be entitled to receive any money or property for the Trust hereby constituted and may for such purpose appoint any Trustee or Trustees hereof or any other competent and trust worthy persons I0 be the Treasurer, All receipts for any money or prope Trustee, if any. or ii there be no Mari rty received shall be passed either by the managing aging Trustee or in his absence' by any one Trustee person or persons paying any money or deliver' 9 any property thererroni or train seeking to the application lhereol. <<456Eka 20a--s .9 13 TM All accounts and other books and records at the Trust hereby constituted shall remain In the custody of such Trustees or other person or persons as the Trustees may trom time to tlme determine The accounts of the Trust shall be malnlalned in any nationallzed or scheduled bank and the same shall be operated by such persons as may be duly resolved by the Board of Trustees from time to time proyrded however that one Slgnatory shall always be one of the managing Trustees. The runds or the Trust shall be utilized for the objects set out above and for this purpose, the Trust shall be entitled to incur such expendlture as may be necessary. The elements up to expenditures and commitments (either revenue or capital expendlture) can be incurred by authorized stah and management at diflerent levels Will be announced through timely admmistratlve decisions The surplus tunds ot the Trust or the creation of any corpus ror special requirements may all be invested only in such securities as are by the provisions olsection 13(1) read section 11(5) of income Tax act as amended lrom hrne to time and rules and regulatlons made there under such as or applicable to enjoyan exempltohs and benefits or the Sald act. The Trust shall marntain proper hook or accounts or the rncome and expenditure or the Trust and such books shall be closed annually on 31" March of every year. The account shall be audited every year by a qualified chartered accountant appointed tor this purpose by the Board ct Trustees and he shall submit to the board the suitable audit report on his conclustons llndings. The Trustees shall the remuneratrons payable to the chartered account. . The number of Trustees shall at no tlme be less than two but not more than fifteen The Trustees shall have the power to amend the provlslons of this Deed of Trust but however no such amendment shall have effect unless the amendments are approved by the commissioner at Income tax Karnataka In the event of dlssotutlon or windan up of the Trust. the assets 0! the Trust shall not among the Trustees, but the same shall he handed over to another Trust, 29 30 31 32V 3 soctety or navtng omects to "rose of ms Trust and enjoys recognitlcn under sechon 50 of the Income Tax Act 1961 as amended (rem time to (me The funds 0' tne Trust she" be Invested In the modes specmed under the provisions 0! secuon 13(1) reed sectron 11(5) of the Incomertax Act, 1961 as amended 1mm tlme to <