THIS DEED OF TRUST executed at Bangalore on this 24th day of January 2004 by Rev. Dr. Oberland Snaitang son of (L) Lohory Sawkmie, Aged 52 years, presently residing at Dharmaram College, Bangalore-560029 hereinafter referred as the SETTLER (which term shall mean and include his legal heirs, executors and assigns):
THE CHURCH HISTORY ASSOCIATION OF INDIA (CHAI) started functioning in 1935. From 1960’s onwards a Southern India, Western India, Northern India, Eastern India and North Eastern India branches came into existence. In 1969 a biennial periodical Indian church History Review began to be published in the place of Church History Association of India Bulletin. In 1970’s a project was launched to publish a multivolume ‘History of Christianity in India’. Three complete volumes and one part of each of Vol. IV and V have been published.
NOW THEREFORE THIS DEED OF TRUST WITNESSETH AS FOLLOWS:
In order to effectuate the said desire of the Settler and in consideration of the trust property the Settler doth hereby assign unto the Board of Trustees all that the said Trust properties and the full benefits and advantage thereof AND ALL the right, title, interest, property claim and demand whatsoever of the Settler into and upon the said sum TO HAVE AND HOLD the said Property and all the income thereof hereby assigned or expressed so to be and the investments for the time being and from time to time representing the same upon the trust and subject to the powers, provisions, covenants, agreements and declarations hereinafter appearing and contained of and concerning the same. This Trust shall be and remain irrevocable for all times and the Settler doth hereby declare that he has relinquished, disclaimed, surrendered and determined and doth hereby also release, relinquish, disclaim, surrender and determine all rights or powers if any they have or may have been reserved to them or which may be regarded as having been reserved to them either by these presents or otherwise howsoever in any of the Trust properties hereby settled and the investments for the time being representing the same or the income thereof to the intent that the Trust fund may be held by the Board of Trustees upon the trust and with and subject to the powers provisions agreements declarations contained in these presents to the entire exclusion of the settler or any benefit to him by contract or otherwise.
The name of the trust shall be “CHURCH HISTORY ASSOCIATION OF INDIA”
3. REGISTERED OFFICE
The registered office of the Trust shall be at Dharmaram College, Banglore-560029 until otherwise decided by the Board of Trustees.
4. TRUST PROPERTY
The Board of Trustees shall hold and stand possessed of the said amount of Rs.1000/and the investments for the time being and from time to time representing the same and the properties movable or immovable into which the said amount may be converted or varied and all other assets or properties which may be handed over to or vested in the Board of Trustees as per clause 4hereinafter, together with all accretions thereto and all the rights and powers over the publications and rights under the administrative and supervisory control of the Church History Association of India (all such properties being hereinafter referred to as “Trust Properties”) shall be held by the Board of Trustees upon Trust with and subject to the powers and provisions hereinafter contained. The Trust properties are hereby vested in the Board of Trustees and the Board of Trustees shall hold the same as per provisions contained in these presents.
If any time, the settler or any firm, Company, other bodies or person shall hand over and vest in the Board of Trustees any moneys, securities or any other assets or properties to be held by them upon the Trust with and subject to the same powers and provisions as herein contained, such moneys, securities and other assets together with all accretions thereto shall form part of the Trust Properties and the Board of Trustees shall hold and apply the same as also original assets upon the Trust hereby created.
If at any time the properties and assets of any other public Trust are amalgamated with the Trust created hereunder, such properties and assets of such Trust shall form part of the Trust properties and the Board of Trustees shall hold and apply the same as also the original assets viz. the Trust property upon Trust hereby created. The Board of Trustees of the Trust shall be at liberty (without being bound to do so) to follow the objects of the Trust amalgamating with the present Trust provided such objects are not in conflict with the objects of the present Trust and are in accordance with law and which enjoy recognition u/s 12A of the Income Tax Act.
The Board of Trustees shall get in and collect the royalties, interest and other income of the Trust properties and out of the same, in the first instance, pay and discharge all the cost, charges and expenses incurred in or about the collection of the same and relating to the administration or execution of any of the powers of these presents and subject thereof to apply the whole of the residue of the said interest, dividend, royalties and other income and perform thereof as the Board of Trustees may deem fit as well as the whole or any part or parts of the corpus of the Trust properties for and in the manner hereinafter provided.
8. OBJECTS OF THE TRUST
The objects for which the Trust is established are solely to undertake religious services to the public, without any profit motive with specific emphasis on:
1. Stimulating research in Church History, especially the History of the Church in India, in an ecumenical approach to publish a learned journal, and to foster eventually to direct the publication both of sources and of scholarly work on Church History.
2. Forming branches and to help them carry the aims of Association, through holding regional conferences and forming local groups to study the History of the life, development and the vision of the Church of India.
3. Help and advice Church History teachers on the means and methods of teaching.
4. Co-operate with other centers of learning in pursuing common aims.
5. Promote the collection and preservation of Church materials relating to the History of the church of India through:
i. Promoting the establishment and development of depositories of historical records in different parts of India.
ii. Encouraging individuals, Churches and institutions to make use of such depositories for the preservations of their records.
iii. Co-operating with institutions in India, which already have facilities for storing records, in classifying, cataloging and publishing catalogues of available material.
6. To pursue all these objectives in the spirit of co-operation with all interested persons irrespective of religion, race, caste or creed, solely with the aim and objective of making available and preserving source material for research, higher education and learning.
7. To raise funds and to receive and use of any gift, donation or foundation in cash or other movable property of all descriptions, and to undertake and carry out the offices, duties and functions of Board of trustees, managers and administers solely or jointly with others in respect of any such gifts, donations and foundations whether vested in the Trust or otherwise.
8. To subscribe or give donations, financially or otherwise, to aid any other charity with similar objects.
9. To print and publish periodicals, leaflets and books that may be desirable for the promotion of the objects of the Trust.
10. All the income and properties, movable or immovable of the Trust from wheresoever derived shall be spend solely for the objects of the Trust as set forth in this trust deed and no profit thereof shall be distributed among its members by way of profits, dividends, bonus etc.
11. To do any or all such acts and deeds as shall be conductive to the attainment of the objects of the Trust: provided, such act of deeds, may not contrary to or inconsistent with the spirit and principles of this deed.
It is clarified that the Board of Trustees shall be empowered without being bound to do so to create different boards within the Church History Association of India for specific duties and functions within the bye-laws of the CHURCH HISTORY ASSOCIAION OF INDIA.
1. SPHERE OF ACTIVITIES
I. IT IS INTENDED AND DIRECTED that if at any time hereafter, any of the objects or purposes towards which the Corpus or the income of the Trust Properties or any part or parts thereof hereby directed to be applied or expended is not strictly public or charitable, the Board of Trustees shall apply and expend the Trust properties or such part or parts thereof or the income or such part or parts thereof towards the execution and carrying out of such of the objects or purposes as aforesaid as may be public or charitable according to law, provided further that the Board of Trustees shall apply the Trust Properties or such part or parts thereof for all or any of the aforesaid objects of this Trust in so far as these objects relate to anything done or to be done within the taxable territories as defined in the Income Tax Act 1961 or any statutory modifications or reenactments thereof for the time being in force .
ii. It shall be lawful for the CHURCH HISTORY ASSOCIATION OF INDIA at anytime of dissolution to transfer and hand over by way of donation, trust or in any other manner the Trust property or any part thereof to any other public charitable or public religious trust or institution for such objects and purposes of these presents or such of them as may be directed by the Board of Trustees, provided always that such other trust should enjoy registration under section 12A and recognition u/s 80G of the Income Tax Act.
iii. It shall also be lawful for the Board of Trustees to merge and /or amalgamate with any other public charitable or public religious trust or institution having objects all or in part similar to the objects or purposes of these presents and in such event the other trust should enjoy registration under section 12A and recognition u/s 80G of the Income Tax Act.
iv. No amendment to this deed of trust shall be carried out without prior approval of the concerned Commissioner of Income Tax.
2. DISCERTION OF BOARD OF TRUSTEES
Provided always that, subject to clause No. 7 above and Provisions of the Income Tax Act 1961, or any statutory modifications or re-enactments thereof for the time being in force, it is hereby declared that the Board of Trustees shall have discretion in the following matters:
i. Either the application or appropriation or disposal of any part or the whole of the interest or income of the trust, or
ii. The selection of any one or more of the above public charitable objects or purpose of such application, appropriation or disposal of the said part or any part or the whole of the corpus in any particular accounting year by the Trust shall be absolute and the decision taken by the Board of Trustees in this regard shall be final and conclusive and they shall not be required to offer reasons, explanations, reply, etc. for such decision or decisions taken.
iii. The surplus or unapplied portion of the said income, if any arising in anyone or more year or years may be accumulated subject to the provisions of any law for the time being in force by investing the same and the resulting income thereof from time to time in any of the investments in which the Trust Funds are authorized to be invested under section 11 (5) of the Income Tax Act and the Board of Trustees shall have power to expend the same in any subsequent year or years as if such accumulation or parts thereof had been part of the income of the year or years in which the same is or are sought to be expended and or applied. These acts shall or any statutory modifications or reenactment thereof for the time being in force shall be done in a manner not disentitling the Trust to tax exemption as provided in section 13(1)© of the said Act.
3. REFERENCE TO SCHEDULE – 1
Without prejudice to the generality of any of the powers conferred by these presents or by law on or vested in the Board of Trustees, the following powers and provisions, directions and agreements relating to the Trust are hereby conferred upon the various bodies and authorities as provided in Section – 1 hereafter.
4. RULES AND REGULATIONS
It shall be lawful for the Board of Trustees to frame rules and regulations and bye-laws for the management and administration of the trust as they shall think fit and to provide powers to various Boards and conferences within its jurisdiction and to rescind/alter all such rules, regulations and bye-laws provided that, such rules regulations and bye-laws shall not be inconsistent with the terms, intents and purposes of the CHURCH HISTORY ASSOCIATION OF INDIA and may include provisions with respect to the manner in which any charitable institution is to be used or permitted to be used as also in respect of any other objects and purposes of these presents and regarding the consideration and management and execution of the trusts and powers contained in these presents as may be thought necessary by the Board of Trustees from time to time.
Any dispute or disagreement arising out or any of the provisions of these presents or with respect to the legality of any of the action taken by Board of Trustees shall be referred to arbitration by an arbitrator jointly appointed by the Governing Body viz a viz. the Board of Trustees.
SCHEDULE – 1
POWERS, PROVISIONS, DIRECTIONS AND AGREEMENT RELATING TO THE TRUST
1.1. The name of the Trust is ‘CHURCH HISTORY ASSOCIATION OF INDIA’.
1.2. The Registered Office of the “Trust” shall be at Dharmaram College, Bangalore. 560029.
In the recitals, objects and schedule – 1 herein, unless the context otherwise requires, the following terms shall have the meaning contained herein.
2.1. “The Trust” means CHURCH HISTORY ASSOCIATION OF INDIA.
2.2. “Official year” means the period of 12 months commencing from 1st April of every year and on 31st day of the March of the subsequent year.
2.3. “General Body” means the meeting of all the members of the CHURCH HISTORY ASSOCIATION OF INDIA, which is the supreme governing, and legislative body of the Church History Association of India to be held triennially.
2.4. “Branch means any of the local units of Church History Association of India.
2.5. “President” means the person duly elected as such from the members of the General Body, who presides over the Church History Association of India.
2.6. “General Secretary” means the person duly elected as such from the members of the General Body who will maintain the records and correspondence of the Church History Association of India, who in consultation with the President convenes all the meetings.
2.7. “Treasurer” means the person duly elected as such from the members of the General Body, who will maintain the accounts of the Church History Association of India.
2.8. “Board of Trustees” is the Governing Body of the Church History Association of India: Seven elected members from the General Body consisting of five officers of the Trust and two elected representatives from the General body; and Seven Special Invitees consisting of General Editor of CHAI multi-volume series, Executive Editor of ICHR and five branch secretaries or their delegated officers representing each branch of CHAI.
2.9. “Rules and Regulations and bye laws” means the rules and regulations and the bye-laws of the Church History Association of India.
2.10. “Member” means a person or an institution, admitted as such into the Church History Association of India.
3. GENERAL BODY AND MEMBERSHIP
3.1. Qualification and Subscription:
3.1.1 Any person who is sympathetic to the aims of the association is eligible for Individual membership.
3.1.2 Any institution which is sympathetic to the aims of the association shall be eligible for institutional membership.
3.2. An institution or individual wishing to be a member must make an application in writing to the Board of Trustees and shall remit the entrance fee, as decided by the Board of Trustees. The decision of admittance shall rest exclusively with the Board of Trustees.
Each member shall pay an annual subscription according to the fee fixed by the General Body Meeting from time to time.
3.4 General Body and Quorum
3.4.1 The meeting of all the individual and institutional Members constitutes General Body of Church History Association of India.
3.4.2 All the members of CHAI who have paid their subscription dues are eligible to attend the General Body meeting of Church History Association of India.
3.4.3 An institutional member shall be allowed to be represented at CHAI only on production of a duly signed authorization letter from the head of the said institution.
3.4.3 One third of the total number of members present shall constitute the quorum for the General Body meeting.
3.5 Benefits and Privileges of members:
3.5.1 Members shall be invited to attend the General Body meeting of the Association, and shall have full rights of voting at the General Body meetings. The members are also entitled to receive regularly, free of charge, the copies of the journal of the Association. However, they shall not be entitled to those privileges in case of failure of payment of annual subscription, within six months of the beginning of the accounting year.
3.5.2 Every member of the Association shall be bound by the provisions of the memorandum of the Trust and the rules and regulations, bye laws and the decisions from time to time made or taken by the Association in its General Body meeting or by the Board of Trustees.
3.5.3 Every member shall be eligible to get free subscription of CHAI journal, ICHR without any additional payment .
3.5.4 A subscription of ICHR does not by itself make a person member of CHAI, unless he/she complies with the membership eligibility and compliances as provided herein .
3.6 Termination of Membership:
Membership of the Association shall ipso facto terminate if:
3.6.1 A member dies or fails to pay his/her annual subscription for 3 consecutive years.
3.6.2 Tender his/her resignation in writing to the Association, or
3.6.3 His/her membership is terminated as provided by these rules and regulations.
4. RULES AND REGULATIONS OF THE BRANCHES
4.1. All the rules and regulations contained herein shall be applicable to the conducting of business of the Branch Associations, unless they are repugnant to the context and in such cases the Board of Trustees shall pass appropriate bye-laws for such special circumstances.
4.2. COMPOSITION OF THE BOARD OF TRUSTEES :
4.2.1 The “Board of Trustees” of Church History Association of India shall be constituted by fourteen members as hereinafter provided:
184.108.40.206 Five officers of the Trust: The President, Vice-President, General Secretary, Joint Secretary and Treasurer.
220.127.116.11 Two elected representatives from the General body.
18.104.22.168 Seven special invitees: General Editor of CHAI multi-volume series, Executive Editor of ICHR and five branch secretaries or their delegated officers from each branch of CHAI.
5. MANAGEMENT OF THE TRUST
The management of the affairs of the Trust shall be vested with the Board of Trustees and shall be exercised through its officers as herein after provided.
5.1.1. The Board of Trustees of the Trust is the administrative body of the Church History Association of India. The Board of Trustees decides on all the matters affecting the general administration and policies of the Trust.
5.1.2. The Board of Trustees shall meet as often as required and at least once in a calendar year to consider the annual audited accounts and the proposed budget and the recommendations of the Branch Associations and the other executive heads provided herein and forward a copy of the same, to the Settler. The General Secretary shall serve the notice for meeting in consultation with or at the direction of the President. General Secretary shall maintain the minutes of the meeting duly signed by the settler or the person presiding over the meeting.
5.1.3. The meeting of the Board of Trustees shall be presided over by the President and in his/her absence by the Vice-President or a person appointed by the Board of Trustees.
5.1.4. There shall be 15 days notice for a Meeting unless waived by all the parties eligible to get the notice.
5.1.5. The quorum for the Board of Trustees Meeting shall be 1/3rd of total number of members.
5.1.6. All the questions at any meeting of the Board of Trustees shall be decided by the majority of members present and voting at the meeting and in the case of equality of vote, the member presiding over the meeting shall have a casting vote.
5.1.7. Decisions can also be taken by circulation of the note among the members of the Board of Trustees, provided the majority of the members agree in favor of the proposal.
5.1.8. In case of a dispute over a matter affecting the general administration and policies, the matter is referred for decision to the arbitrator as appointed under Article 5.
5.2. DUTIES AND RESPONSIBILITIES OF THE BOARD OF TRUSTEES
The duties and responsibilities of the Board of Trustees shall be as provided herein:
5.2.1. To administer, supervise and control the work of the Church History Association of India within its jurisdiction.
5.2.2. To coördinate the work of different Branch Association in the region;
5.2.3. To elect a recording secretary;
5.2.4. To administer all funds as may be received from churches in India or elsewhere;
5.2.5. To take decision in regard to the funds.
5.2.6. To fix apportionment among the various functions.
5.2.7. To authorize yearly audits of all accounts as directed by the Board of Trustees of the Church History Association of India.
5.2.8. To elect any other special committee or sub-committee as needed.
5.2.9. To solicit funds, receive donations, grants, subsidies, scholarships, etc. of any kind, towards corpus or otherwise, with permanent obligations or otherwise, whether in cash or in kind.
5.2.10.To invest the funds of the Trust in any manner they deem fit consistent with the objects of the Trust and in the interest of the Trust, provided that all such investment shall be in accordance with the forms and modes as specified under section11 (5) of the Income Tax Act.
5.2.11.To incur all kinds of capital and revenue expenditure which will help in attaining any or all of the objects of the Trust, such as acquiring land, constructing building and equipping it, as per this, giving education and training, paying fees, meeting the educational and travelling expenses of members, etc., provided any capital investment in land and building shall be subject to the approval of the Settler.
5.2.12.To borrow any amount either on pledging the assets of the Trust or otherwise, from individuals, banks, financial institutions or other institutions, with or without interest, for attaining any of the objects of the Trust, subject to the approval of the Settler.
5.2.13.To acquire, alter, extend, and demolish any of its assets, movable or immovable and to dispose of the same whenever found necessary in the best interest of the objects of the Trust.
5.2.14.To start regional institutions and Branches at different places or to take up new activities whenever necessary or to take over and manage any institution or activity now carried on by others, as long as it is found to be advantageous to achieve the main objects of the Trust.
5.2.15.To contribute fund, corpus, or otherwise to other institutions or activities solely for charitable purposes.
5.2.16.Subject to the approval of the Settler, to join, co-operate or amalgamate this Trust, with other similar Trust, or fund or institutions as the board of Trustees think fit and which enjoys registration u/s 12A and 80G of the Income Tax Act. 1961.
6. FUNDS OF THE TRUST
The funds of the Trust consist of:
6.1. Grants from Government and other bodies,
6.2. Donations, borrowings and membership fees.
6.3. Proceeds derived from royalties and administrative services rendered to Seminars, and training camps, publications, conducted tours and remuneration from any other activities of the Trust.
6.4. Contributions from individuals or organizations.
7. BANK ACCOUNTS
7.1. Bank Accounts shall be opened and operated by one of the designated members of Board of Trustees and the Treasurer jointly in the name of the Trust.
7.2. Bank Accounts shall be opened in the name of any of the Institutions/Churches, branches of the Association etc., which shall be opened and operated jointly by such persons and in such manner as may be directed by the Board of Trustees from time to time.
The accounts of the Trust shall be closed on 31st March every year and it shall be audited by a Chartered Accountant appointed by the Board of Trustees. The audited statement shall be submitted to the General Body within 30th September of every year or within the time extended by the General Body .
9.1. Any amendments to the provisions of this deed shall take effect only if approved by the Commissioner of Income Tax having jurisdiction over the Trust with his/her granted permission to such changes.
9.2. In the event of the Trust becoming impossible to function in accordance with the provisions of the Trust deed, the assets of the Trust after discharging of all liabilities shall with the approval of the Settler be transferred to a similar registered institution having registration u/s 12A and 80G of the Income Tax Act.
9.3. The declaration of this Trust does not involve the transfer of any immovable property to the Trust.
10. SAVING CLAUSE
10.1. This is a Charitable Trust established for the promotion of public charitable purposes and it is expressly declared that no part of the Trust property or its income shall be applied for any purpose, other than public charitable purposes, and no part of the income or funds of the Trust shall be divided among the members by way of profit, dividend etc.
10.2. This Trust is promoted by the Church History Association of India and in case of any ambiguity in any of the case here in provided or is contrary to any of the statutes of the Church History Association of India, on such matters and on such event the decision of the arbitrator appointed as per Article 5 shall have an overriding effect on the provision here in contained.
IN WITNESS WHEREOF, I HAVE SET AND SUBSCRIBED MY HAND ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN
i Definition and constitution of Board of Trustees amended by the CHAI General Body at its meeting held on May 6, 2009 at Shillong.
ii The words “General Body and “Inserted by the amendments passed by the CHAI General Body at its meeting held on May 6, 2009 at Shillong.
iii The word “Individual” inserted by the amendments passed by the CHAI General Body at its meeting held on May 6, 2009 at Shillong.
iv Clause 3.1.2 Inserted by the amendments passed by the CHAI General Body at its meeting held on May 6, 2009 at Shillong.
v Words “institution or individual”Inserted by the amendments passed by the CHAI General Body at its meeting held on May 6, 2009 at Shillong.
vi Articles 3.4, 3.4.1, 3.4.2 and 3.4.3 inserted by the amendments passed by the CHAI General Body at its meeting held on May 6, 2009 at Shillong.
vii Articles 3.5.3 inserted by the amendments passed by the CHAI General Body at its meeting held on May 6, 2009 at Shillong.
viii Articles 3.5.3 inserted by the amendments passed by the CHAI General Body at its meeting held on May 6, 2009 at Shillong.
ix Definition and constitution of Board of Trustees amended by the CHAI General Body at its meeting held on May 6, 2009 at Shillong.
x The word “Settler” is replaced by the words “General Body” by the CHAI General Body at its meeting held on May 6, 2009 at Shillong.