trust deed of jmn/pvchr: latest

8/8/2019 Trust deed of JMN/PVCHR: latest

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~mUTTAR PRADESH

~Jan Mitra Nyas (JMN) was formed and registered in the office of sub-

registrar of Varanasi in UP, India on 10 May 1999 on Book No.1, page No.

i177/206 and document No. 1670. /'.ccording to the provision 14 of

Miscellaneous Provisions of the Constitution of the Trust Jan Mitra Nyas,

"the Board of Trustees shall have the power to amend the present Trust)So

m that the objects of the Trust may be more effectually attained". There have

been made several resolutions from time to time with full quorum, according

m to the provision 16 under the heading 'Duties and Functions of Trustees' of

the Constitution of the Trust. According to the Resolution in meeting No. 14

on October 12 of 2010 (Annexed with this document) of the Board of

Trustees of Jan Mitra Nyas has given power to Smt Shruti Nagvanshi to

register the amendment as an 'Additional Trust Deed'. In the same meeting

~of Board of Trustees of Jan Mitra Nyas resolutions were passed to give effect

to the following amendments, which is basically based on outcome of

8 Organizational Development process by Ms.Loreine B. Dela Cruz,~Consultant, and RCT OD for PVCHRfrom 10 July 2009 to 30 July 2009:

1. Provision 1 of the Constitution of Trust shall stand deleted.


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4. Provision 4 of the Constitution of Trust shall stand deleted

5. Provision 5 of the Constitution of Trust shall stand deleted.

6. Provision 6 of the Constitution of Trust shall read as, "All account,

records, title-deeds, and other documents relating to the properties of

the Trust, shall remain in the custody of Managing Trustee, or any

other person appointed by her jhim for such custody."

7. Provision 1 of the Duties and Functions of Trustees shall be read as,

"The Board of Trustees after the recommendation of Governing Board

shall have the power to buy, erect, construct, sell or otherwise dispose

of lands, buildings, workshops or any other property or assets, and to

demolish or alter the same in any manner provided that the Board of

Trustees shall always act in the best interests of the Trust and shall

not exercise their powers to the detriment and prejudice of the Trust;"


"The Board of Trustees may, in consultation with Executive Director

and Governing Board, allot, from time to time, a funds for anyone or

more of the various objects of the trust, and may, in his absolute

discretion, not allot funds for anyone or more of the above objects;"9. Provision 6 of the Duties and Functions of Trustees shall be read as,

"Without prejudice to any of the powers of the Trustees set out in this

Deed, the Trustees shall have the power, at any time and from time to

time, to expend any part of the Corpus of Trust, and the property, for

anyone or more of the objects of the Trust, provided, however, that

such expenditure is incurred with the concurrence of the Governing

Board, and there after by consent in writing of the Secretary General-

office."


"The Board of Trustees , in consultation with office of Secretary

: - T ~ -v ,R~neral and recommendation of Governing Board shall have full; , ,. ~1" :\

,,:."~" ~--,~ " PoW~{to enter into contracts for carrying out the objects of the Trust,

//./.(l /.~~oi' t' employ contractors or experts, or execute such work

' , ' : : 6 { 9 i~ \ O IP ; k J Le i l ~

"\\S\C\~(\- ~~' ".: /,;:J;j/ fY , ~ ,/ ,'/ ~ J.M.N ..~ . ', : - , - - , / . - ' ' - : '4 * Regd. No. *

", '


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departmentally and to suspend or dismiss anyone of them, on such

terms and conditions as may be considered appropriate and to do all

other acts and things incidental to or connected with the furtherance

of the objects of the Trust, or anyone of them;"


"The Board of Trustees, in consultation with the office of Secretary

General and recommendation of Governing Board may demise any

immovable property or properties, for the time being and from time to

time, belonging to the Trust, either from year to year or for any fixed

term or for any term of years or on monthly tenancies, at such rent

and subject to such covenants and conditions as they may think

proper and accept surrenders of leases and tenancies, and generally

manage the same in such manner as they think proper,"


"The Board of Trustees, in consultation with the office of Secretary

General shall have full power to compromise or compound all actions,

suits and other proceedings including arbitrations, and settle

differences and disputes connected with, touching or arising out of the

properties or estates of the Trust, and do all other acts and thingsfully and effectually without being liable or answerable for any

bonafide loss occasioned thereby;"


"The Board of Trustees on the recommendation of Governing Board

may from time to time frame schemes, Rules and Regulations to carry

out the objects of the Trust and for managing the affairs of the Trust

and for otherwise giving effect to the object and purposes of the Trust,

and to vary the same from time to time, as they may in their

discretion deem fit and proper;"

__:-- - _ 4. Provision 17 of the Duties and Functions of Trustees shall stand ...A ~-

...~.'J;' t--.l f "' : . . " l-'.,.. . "!' 1 t d.. .. .. "'. ........ _- -- _.' 'be e .

. .' ,_:~\ ~;'~vision 18 of the Duties and Functions of Trustees shall be read

,"" .'~~jS ' n The proceedings and questions and matters arising at the. . " . , . O f. l(}i~jj e AU-~

'.. ,~)". "/"'~I (I t i ~ ( \.~.'-\-;. , : : ; : : : - : " -::\~} (\"..


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meeting of the Board of Trustees shall be decided by a majority of

votes, and in case of an equality of votes, the Chairman, shall have a

second or casting vote, provided, however, that notwithstanding

anything herein stated, no question dealing with the disposal of the

corpus of any of the properties of the Trust and/ or investment of the

corpus of any of the Trust shall be decided without express consent of

the Board of Trustees and Governing Board,"

16. Provision 22 of the Duties and Functions of Trustees shall be read

as, "Allmeetings of the Board of Trustees shall be held at such place

and at such time, as the Managing Trustee shall decide from time to

as, " The power to appoint new or additional Trustees, but so as not to

exceed the maximum number of seven and to fill vacancies in the

office of Board of Trustees, shall vest in the Board of Trustees on the

recommendation of Governing Board,"

18. Provision 27 of the Duties and Functions of Trustees shall stand

deleted.

19. Provision 28 of the Duties and Functions of Trustees shall be readas, " There shall be an Annual General Meeting of the Board of

Trustees, but any number of other meeting may be convened by the

Managing Trustee of the Trust, as and when considered necessary;"


"The Trust shall be competent to open Bank Accounts in anyone or

more Banks as may be decided by the Board of Trustees from time to

time. Every sum of money received on account of the Trust, shall be

deposited to the Credit of the Trust's accounts in anyone of the said

Banks, unless otherwise expressly provided in the Rules or by any

,~-.::-.---~~ esolution of the Trustees.".',"', - -t o, ~-:. c . : .. . . ~ ~ "

/. :... ..: '-- -2'i. Prb .,ision33(i) of the Duties and Functions of Trustees shall be read

: , ' ' , ' " - . : ' : '. .\ ~ ~ / l . : " t \arrange for and/or to authorize the signing or execution of any,'0" ..

~\ \';,_"~ireditent, contract, instrument,

'_ ~ O f!O { ~ J ) )" ~'.:-i, -1 :.-(; ~ ~ :;9-_.~

document, or any other paper or

f\ ~ -,\\:)\l\A


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writing, required to be signed or executed on behalf of the Trust

through Executive Director/Secretary General."

22. Provision 33(ii) of the Duties and Functions of Trustees shall stand

deleted.

23. Provision 33(iii) of the Duties and Functions of Trustees shall be read

as, "To spend any portion of the Corpus the income of the Trust's fund

for purchasing any land and/ or constructing any building(s) for and

in the name of Trust, for the purpose of carrying out, promoting

and/ or executing any or all the objects of the Trust, Provided, however

that Governing Board for the time being shall so consent, in writing."


"That the Board of Trustees shall delegate such power as deemed

necessary by an express resolution in writing, authorizing the

Managing Trustee named therein to incur such expenditure as may be

necessary for the furtherance of any of the objects of the Trust as also

the recurring expenditure for the maintenance or administration of

the day to day affairs of the Trust. If necessary, the Board Of Trustees

shall by resolution authorize the Managing Trustee named therein to

operate the Bank Account and draw from the same such amounts, asmay be necessary for the purposes specified above, on behalf of the

Trust and for the purposes and objects of the Trust as set out in the

present Deed;"

25. Provision 350f the Duties and Functions of Trustees shall be read as ,

"The Board of Trustees and Governing Board jointly may frame such

Rules and Regulations as may be necessary for conduct of residents at

any or all of the Centres of the present Trust,"


"The Board of Trustees appoints Mrs. Shruti Nagvanshi, one of the

/''::':~~.Jounding Trustees herein, Managing Trustee and delegate such~- .~.. .l t.)I ~ .,.

: ,_ .,.F . -- -...~. 7'. f~ctions and authorities for making day to day activities of Trust in

I: ',:, '.'\\~~ ~~, co:rdination of Management Committee and Office of Secretary

."7 .'. .... ..,.,',', Gen&al, ~ n-A--=\\)\C\, "--' \ .>:~- I Ii ~t\ m -

;~,~~~"'.~~~.~~~1:f~',T~le ~~ . : .. .: IV : '~r .-..,,:.:\ \0.... , \.:., ~.r...~.-... t. _ ..,.".-/

-.;-;:::::-~


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27. Provision 1 of the Miscellaneous Provisions shall be read as, "The

closing of the accounts of the Trust shall be the 31st March of each

28. Provision 4 of the Miscellaneous Provisions shall be read as, "In case

of failure of the Trust for want of objects, the Executive

Director / Secretary General after recommendation of Board of Trustees

and Governing Board may move the Court for Amendment of any of

the objects of the Trust, if found necessary;

29. Provision 5 of the Miscellaneous Provisions shall be read as, " No

Trustee and member of Governing Board shall be liable for any loss of

the Trust's Funds or properties, unless it has been caused due to

his/her/their gross negligence, or the Trustee and member of

Governing Board himself/herself/themselves are guilty of fraud,

misfeasance, embezzlement, breach of trust,etc;"


Board of Trustees shall appoint a full-time Executive Director for

Board of trustees, who will be serving as permanent Secretary General

of Governing Board without any voting right in Board of Trustees and

Governing board."31. Provision 9 of the Miscellaneous Provisions shall be read as, "The

Board of Trustees after the recommendation of Governing Board may

in his sole discretion, absorb any other Trust, Society, or institution

having objects similar to the objects of the present Trust, or

amalgamate the present Trust with any other Trust, Society or

Institution having similar objects;"

32. Provision 10 of the Miscellaneous Provisions shall be read as, "In the

event of the Trust being wound up the corpus funds of the Trust,

_ : - : . : . ' . - = . . . . . . . . . . . cluding its other assets, shall stand transferred to any other Trust,.


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Board of Trustee shall have the power to amend the present Trust

after the recommendation of Governing Board, So that the objects of

the Trust may be more effectually attained."

34. Board of Trustees(BOT) of Jan Mitra Nyas as legal holder of PVCHR

at present as follows:

Sant Vivek Das - Chairman/Chairperson-BOT

Mrs. Shruti Nagvanshi- Managing Trustee-BOT

Mr.Gyanendra Pati- Member-BOT

Mr. Lal Bahadur Ram-Member-BOT

Mr. Gopal Das- Memebr-BOT

35(i) There shall be a Governing Board of Jan Mitra Nyas (JMN)/Peoples'

Vigilance Committee on Human Rights (PVCHR)/Manvadhikar Jan

Nigarani Samiti. It shall act as an apex policy making body.

35(ii) Governing Board shall consist of maximum 11 members and

minimum 7 including minimum 2 female members. These members of

the Governing Board shall be drawn from the each component of the

Representative Assembly. Governing Board shall be formed by drawing:

One representative from the membership structure of People Vigilance

Committee on Human Rights(PVCHR)/Manavadhikar Jan Nigrani

. ..~,.-."" ltl -t "'. '1'1,. 'l.,. ;

.*' ."._ .. - .,

-. -... - ...\t~>rh,~ members on the nomination of the Executive Director/office of

.\~~'f.p~Er~:ary General)\,\,.,,1 I ),

_ . < . ' " . , . ~ ' . ' , '!fj)presentative from staffs of Jan Mitra NyasjPVCHR

: ~ ; ~ ? ;~= r. -6 \ :9 \~~' ..;'.,z,. 'IPage ~


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Other members of the Governing Board, if required, shall be decided

by Representative Assembly.

35(iii) Tenure of the members of the Governing Board shall be of3-5 Years.

Governing Board shall hold its meeting at least once in a year.

35(iv) A member of the Governing Board shall cease to be such a member if

s/he resigns, or s/he becomes insane or otherwise incapable of acting.

35(v) One- third of the Governing Board shall form a quorum for any

meeting of the Governing Board.

35(vi) The proceedings and the questions and matters ansmg at the

meetings of Governing Board shall be decided by majority of votes.

35(vii) Governing Board shall elect its president and vice- president. A

meeting of the Governing Board shall be presided over by the president, inthe absence of president meeting shall be presided by the vice-president and

in the absence of both the meeting shall be presided by a member of the

Governing Board.

35(viii) Board of trustees shall appoint Dr. Lenin Raghuvanshi as the

Executive Director of Jan Mitra Nyas, who shall serve as the Secretary

General of Governing Board. He shall not receive any salary against the post

of Executive Director/Secretary General, but he may receive salary for an

assignment in different projects funded by different donors.

35(ix) Secretary General of Governing Board shall have right to call for a

meeting of the Governing Board and to form an office of Secretary General

(OSG). The Secretary General shall have right to appoint minimum 1 and

maximum 5 members for the office of the Secretary General, who shall be

called Advisor/ Secretary of the Office of Secretary General.

Advisor/ Secretary of the OSG shall not receive any salary against the post

but s/he may receive salary for an assignment in different projects funded

by different donors.

36. Representative Assembly (RA):

36(i) There shall be a Representative Assembly (RA) of Jan Mitra Nyas

,, iJ,MN)/Peoples' Vigilance Committee on Human Rights

\~1'itt~~)/Manvadhika.r Jan Nigrani ~amiti. It shall act as a body to elect the

.. -"mehr15e representatIves for Governmg Board.

: ~~~'.r~'e shall be minimum 17 members in the Representative Assembly:~. \~. : . < , \ ~ ' : . ..'1 T'j/PV,PHRand it shall be formed by Taking: . (\

' . ' " ' ' L \ . " . . . } ' / ~! o .- .A - ~ 5\C\ t\t

, . .v : " , < ' 8of.J:q~~e \ ~ ~(\.'.':)':;~,:------;.~ '"" ~

. .,.,,~ , G V


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Three persons from Partner Community.

Three persons from Partner Organizations.

Five persons from membership structure of Peoples' Vigilance

Committee on Human Rights (PVCHR).

Three persons from staffs of JMN.

Three persons on the nomination of the Executive Directorj office of

Secretary General

36(iii) Dr. Lenin Raghuvanshi and Mr. Tanweer Ahmed Siddiqui shall be

responsible to conduct first election of the members for RA and GB. The

office of Secretary General shall be responsible to conduct the election of

members for RAand GB in future.

37(i) Management Committee shall be formed by taking in staffs of Jan

Mitra NyasjPVCHR on the proposal of Executive Director and approval of

Governing Board.

37(ii) Management committee shall hold its meeting at least once In 3

months. It shall be directly responsible to the Governing Board.

37(iii) The Management Committee shall have the management of all affairsand funds related to ongoing programs and projects. The Management

Committee shall also exercise full powers with regard to administrative and

financial matters of Jan Mitra NyasjPVCHR; such as:

1. Installing systems, processes and procedures for the benefit of the

whole organization. These include the drafting and finalization of the

various manuals that would govern and guide the secretariatj office of

/::::::".~:--:1:h~,.organization.

/~\ ~ ~~_~C~',-~',~'a. Operations Manual /; (../---- "',~)h. Personnel Manual

1 -6. /, ; ':,,, \' c. Administrative Manual( (I, , .. ,.\ ;\ .1 ; . 1 ' Finance Manual

\\ lif. \ : I:' ,'\/! e'l

Performance Appraisal tools

\' .,_.~py:~ncy enhancement and capability building.This is for purposes

~ M60ling and enhancing the capabilities and competencies of the

agement and staff.


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to match the targets and challenges of the new five-year strategic plan

of the organization.

4. Human resource management and development which entails

continuous directing and inspiring the whole organization up to

enhancing the problem solving and decision making processes of theorganization.

37(iv) Executive Director(ED) as the chief Executive Officer shall be head of

management committee. ED or his/her nominated project holder shall be

signed all contract of project.

37(v) Management Committee shall prescribe duties of all workers and

staffs and shall exercise supervision and disciplinary control as may be

necessary. Subject to any orders, rules and byelaws of the Trust,

Management Committee shall be responsible for the proper administrationin day to day in office.

37(vi) The functions of Management committee will be contained in the

organization's operations manual, prepared by office of Secretary General

and management Committee jointly.

~-w\aJt-(Shruti Nagvanshi)

_.A4-~~

. . -' . ~~..:-\ . . .~-; .-

Rohit Kumar

Documentation Assistant

PVCHR

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