The East West Foundaton of India - Trust Deed

THE EAST WEST FOUNDATON OF INDIA - TRUST DEED

DEED OF DECLARATION OF TRUST 30 June 1994

1 THIS DEED OF DECLARATION OF TRUST made this 30th day of June 1994 by Padma Sri Dr. Natteri Veeraraghavan aged about 80 years, son of Sri Venkatesa Iyer (Deceased) residing at A1/3/3 Third main Road GOCH Colony, Besant Nagar, Madras here in after called the SETTLOR to and in favor of

1. Mrs. Kamala Veeraraghavan, wife of Dr. Natteri Veeraraghavan, aged about 72 years and presently residing at A1/3/3 Third Main Road, GOCH Colony Besant Nagar, Madras.

2. Mrs. Dakshayani Reddy, wife of Mr. Ramalinga Raya Reddy, aged about 27 years and presently residing at 21, Leith Castle South street, Santhome , Madras

3. Dr. Chitra Chandran, wife of Dr. Natteri Chandran, aged about 46 years and presently residing at 4 Pioneer Drive, Templestowe, Victoria 3106, Australia

4. Dr. Natteri Chandran, son of Dr. Natteri Veeraraghavan, aged about 47 years and presently residing at 4 Pioneer Drive, Templestowe , Victoria 3106 , Australia

5. Mr. P. Yesuthasen , son of Mr. P.A. Yesuthasen, aged about 54 years, and presently residing at 4B Cross Street, Srinagar Colony , Madras*

WHEREAS the settler desires to promote a centre for caring for the mentally and emotionally ill and the intellectually disabled, to conduct research into the cause, prevalence and treatment of mental illness and intellectual disability, educate and train mental health professionals who will work in the community and promote mental health.

AND WHEREAS in pursuance of the above, object the settlor is establishing a public charitable trust known as THE EAST WEST FOUNDATION OF INDIA

AND WHEREAS the settler with the afore said object has settled sum of Rs. 1,000/- (Rupees one thousand only)

To be held by the Trustees as part of the Corpus of the trust.

HOW THIS DEED WITNESSETH AS FOLLOW:

2 1. NAME AND CONSTITUTION OF THE TRUST The settlor does hereby declare and constitute the trust which shall be known as THE EAST WEST FOUNDATION OF INDIA, here in after referred to as the “Trust” with the object and constitution and the terms and condition of the trust as set forth here under.

INCOME & ASSETS AND FUNDS OF THE TRUST a. The Trustees hereby declare that they stand possessed of the said sum of Rs.1, 000/- only paid to them by the settlor in trust for and as Trustees for the said trust on the date hereof 30th day of June 1994.

b. The Trustees do hereby agree and undertake to hold the assets that have been given and that may be hereafter given to them or may come into their hands as such trustees of the Trust and subject to the provisions here in contained.

c.The sum of Rs. 1,000/- (Rupees one thousand only) contributed to the funds of the said trust by the Settlor is held by the Trustees for the purpose of the said Trust. d. Such sums or assets as may be contributed, gifted, donated or bequeathed hereafter by the Settlor or by any person or persons, firm or company or by and State or Central Government or other authority to the said trust and shall include

i. All interests or income arising out of the said sums and assets.

ii. All assets that may be purchased or acquired from out of the said funds or otherwise acquired for the said Trust. iii. All investments and realizations there from out of the said funds and assets. iv. All sums and assets which have by any means become property of the Trust and v. The funds of the Trust shall be solely utilized towards the objects of the Trust and no portion of it shall be utilized for payment to Trustees / Beneficiaries any sum by way of profits, interest, dividends etc.

II. OBJECTS OF THE TRUST

1. To promote mental health in India.

2. To establish a research centre, and carry on research activities on mental illness and intellectual disability In India.

3. To cooperate with the Government of India in improving the existing facilities for mentally ill persons, including destitute person and intellectually disabled.

3 4. To establish, manage and maintain community centers and welfare organizations for ill and disabled persons, their relatives and friends, including destitute persons without any restriction as to caste creed, race or religion.

i. To provide activities ii. To provide avenues of useful citizenship iii. To provide seminars, study classes and information session and iv. To give assistance on problems arising at their homes

5. To assist those having the care of our responsibility and those who are in need of accommodation, transport, counseling or guidance, psychiatric or medical treatment, or any aid of a like nature without any restriction as reference to caste, creed, race or religion.

6. 6.1 To provide health care facilities and health care services to the poor and disadvantaged in the Indian community including services for rural areas.

6.2 To provide facilities and to engage in initiatives in the Indian community designed to improve the welfare and education of poor and disadvantaged children and their families.

6.3 To provide shelter, food and clothing education besides health care for abandoned children devoid of parental support.

6.4 To assist , whether financially, managerially, administratively or otherwise Indian non- government organizations working to assist the poor and disadvantaged in all the areas of Health Care, including Mental Illness and Intellectual Disability and / or Child welfare and Education and Community Development.

6.5 To cooperate with the Indian Government - Local, State and Central to assist the poor and disadvantaged in India in the areas of health care including mental illness and intellectual disability , and / or child welfare and education.*

7. To have printed published or made any newspaper, periodical, leaflet, book, film or other material that the Trust may decide is desirable for the promotion of its objects.

8. To promote projects to invest the net proceeds to further the objects of the Trust

9. To sponsor any research, report, conference, congress or like proceedings for the promotion of its objects

4 10. To watch over, act and proceed in the interest of mentally ill or emotionally disturbed persons including destitute persons and intellectually disabled.

11. To appoint, employ, remove or suspend such managers, clerks, secretaries, servants, workmen and other persons as may be necessary or convenient for the purposes of the trust.

12. To take any gift of property whether subject to any special trust or not, for one or more of the objects of Trust but subject always to the provision this clause.

13. To take such steps by personal or written appeals, public meetings, or otherwise , as may from time to time be deemed expedient for the purposes of procuring contributions to the funds of the Trust in the shape of donations, annual subscriptions or otherwise.

14. In furtherance of the objects of the trust to establish branch organizations or to promote or sponsor or to amalgamate with any Companies, Institutions Societies or Associations having objects altogether or in part similar to those of the Trust and which shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as that imposed upon the Trust under this Memorandum.

15. In furtherance of the objects of the Trust to purchase or otherwise acquire and undertake all or any part of the property assets, liabilities, and engagements of any one or more of the Companies, Institutions, Societies or Associations with which the trust is authorized to amalgamate.

16. In furtherance of the objects of the trust to transfer all or any part of the property assets, liabilities and engagements of the trust to any one or more of the trusts, Companies, institutions , Societies or Associations with which the trust is authorized to amalgamate.

17. To purchase, take on lease or in exchange ,hire and otherwise acquire any lands, buildings easements or property, real and personal, and any rights or privileges which may be requisite for the purpose of or capable of being conveniently used in connection with any of the objects of the Trust .Provided that in came the Trust shall take or hold any property which may be subject to any Trusts the Trust shall only , deal with the same in such manner as is allowed by law having regard to such Trust.

18. To invest and deal with the money of the Trust not immediately required in such manner as may be permitted by law for the investment of trust funds.

19. To borrow, raise or secure the payment of money in such manner as the Trust may think fit and to secure the same or the repayment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by the Trust in any way.

5 20. To make, draw, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments.

21. In furtherance of the objects of the Trust to sell, improve, manage, develop, exchange, lease, dispose of, trust to account or otherwise deal with all or any part of the property and rights of the Trust.

22. The benefits of the Trust are open to all irrespective of caste creed , religion and sex

III. MANAGEMENT OF TRUST a. The affairs of the trust shall be managed by a board of Trustees consisting of not less than four and not more than twelve trustees. Quorum for any Meeting shall be one third of the total number of trustees holding office subject to a minimum of two, any fraction being rounded off to the next highest number.* b. The first members of the Board shall be the persons here in mentioned as Trustees.

1. Mrs. Kamala Veeraraghavan, wife of Padma Sri Dr. Natteri Veeraraghavan, aged about 72 years and presently residing at A1 /3/3 Third Main Road, GOCH Colony, Besant Nagar, Madras.

2. Mrs. Dakshayani Reddy, wife of Mr. Ramalinga Raya Reddy, aged about 27 years presently residing at 21, Leith Castle South Street, Santhome, Madras.

3. Dr. Chitra Chandran, wife of Dr. Natteri Chandran, aged about 46 years and presently residing at 4 Pioneer Drive, Templestowe, Victoria 3106 Australia.

4. Dr. Natteri Chandran, son of Padma Sri Dr. Natteri Veeraraghavan, aged about 47 years and presently residing at 4 Pioneer Drive, Templestowe, Victoria 3106, Australia.

c. The Trustees shall appoint additional Trustees subject to a maximum as mentioned in clause III (a).

d. The Trustees shall at their first meeting elect a Chairman, Honorary Secretary and Honorary Treasurer who shall hold office for two years. The chairman shall preside over all meetings and in his absence; the Trustees present shall elect a Chairman for that meeting.

e. In the event of a vacancy, the Trustees may fill up the vacancy.

6 f. Every Trustee shall serve on the board for a period of two years and shall be eligible for reappointment.

g. The Trustees may exercise all the powers vested in them, under these regulations or by law, by resolution passed at a meeting of the Board of Trustees or in circulation. Notice of the resolution in writing shall be sent to all Trustees. A resolution shall be considered as validly passed only if it is approved by not less than three quarters of the total number of Trustees eligible to vote, who have voted for it either in person or through circulation.*

h. The disposal of capital assets and taking of loans shall not be done in circulation.

IV. POWERS OF THE BOARD OF TRUSTEES

a. The Board of Trustees shall have full control of management of all the affairs of the Trust and of the income, assets and funds of the Trust.

b. Without prejudice to the generality of the foregoing, the Board may exercise all or any of the following powers.

1. To determine from time to time, to commence, to take up, to abandon, to vary and add to the charitable objects for which the funds of the trust shall be used and to all of and allocate to each of the objects such portion of the funds as they deem fit.

2. To invest the income, assets and funds of the Trust in any manner authorized by law relating to Trusts.

3. To hold the income, assets or funds of the Trust either in the name of the Trust or in the name of two Trustees designated by the board.

4. To open one are more bank accounts for the Trust and in its name or in the names of the Trustees or any of them with any Bank/s as the Trustees may deem fit and deposit moneys

7 of the Trust in such accounts and to give instructions to the bankers as to persons entitled to operate there on, whether the same be or become over drawn or not.

5. To enter into contracts or arrangements with any person or body to further the purposes of the Trust.

6. To utilize the facilities and activities at present run by the Trust for furthering the objects of the trust and on such terms and conditions and on such payments as may agreed to.

7. To sell , lease or otherwise dispose of any movable and immovable properties , assets and goods of the Trust for the said purpose, authorize any of them to execute deed and register the same and take such further action as may be deemed necessary to conclude the transaction or comply with the requirements.

8. To lease, buy or make any arrangement to construct building for furtherance of trust objects with any Body, individual or Trust.

9. To employ staff of all kinds necessary or useful for the carrying out of the objects of the trust.

10. To borrow any moneys from any person Firm; Company or Body for any of the purposes of the Trust on such, terms as the Trustees may deem fit and with or without furnishing securities and in particular to mortgage or change any property or assets , movable or immovable of the Trust vested in the Trust to secure repayment of any moneys so borrowed and if necessary to deposit the title deeds of the Trust.

11. To mortgage or change any property or asset movable or immovable of the Trust or vested in the Trustees in favors of the Government or any Department thereof in pursuance of the rules of the Government or any Department there for the said purpose , authorize any of them to execute deeds and register the same and take such further action as may be deemed necessary to conclude the transactions or comply with the requirements.

12. To frame rules and bye –laws for the conduct of the business of the Trust of its transactions and of the committees of Board of Trustees and to alter amend or cancel the same; provided that no such alteration amendment or cancellation shall be made

8 unless the same is approved by the Board at a meeting at which at least three – fourths of the members are present and by a majority or two – thirds of the members present. c. The board shall have power to accept contributions in money or property either by way of additions to the Trust funds generally or for one or more of the specified objects of the Trust in so far as they are not inconsistent with any of the provisions shall be dealt with either as capital receipt or as income according to the directions of the donors out subject to the condition that in the opinion of the Trustees it must be conducive to the beneficial administration of the Trust. d. It shall be lawful for the Trustees to carry out any of the objects of the Trust either directly by themselves or by Institution run by the Trust and others jointly or in cooperation or by making contributions to or subsidizing any institutions carrying out any similar objects or aims provided that such funds or institutions are also charitable institutions and satisfy tax laws for the time being in force granting exemptions. e. The Trustees may nominate one or more persons of themselves either by name or otherwise to be in custody of any of the assets of the Trust in his on their names for and on behalf of the Trust and / or to execute all documents, contracts and deeds for and on behalf of the Trust. The Trustees shall specify and nominate one or more persons of themselves who shall be entitled to institute, conduct or defend all suits and legal proceedings for and on behalf of the Trust and to receive service of summons and process for and on behalf of the Trust and to sign pleadings; plaints, vakaats, statements and affidavits or and on behalf of the trust in respect of any proceedings before any court or other Authority - Provided that the Trustees shall ensure that the requirements of the laws for the time being in force are complied with so as to ensure that the income of the trust is exempt from tax.

V. ACCOUNTS Regular and correct accounts of the Trust, its funds, receipts and expenditure shall be maintained. The Trustees shall appoint one or more chartered accountants to audit the accounts of the trust and fix his or their remuneration. The accounts of the Trust shall be audited by qualified chartered accountants at 31st of March every year. The Trust shall pay the annual remuneration for the auditors. Every appointment of the Auditors shall be for one year and the retiring Auditors shall be eligible for reappointment the first auditors shall be Thomas (V.M) & Co, 156, Greams Road, Thousand Lights, Madras.

VI. INDEMNITY In the professed execution of the Trust and powers hereof one Trustee being an individual shall not be liable. a. For any loss to the Trust funds arising by any reason for investments made in good faith ; or b. For the negligence, fraud of any agent employed by him/her or by any other Trustees hereof although the employment of such agent was not strictly necessary for expedience, provided due care and caution has been exercised by the Trustee as a normal prudent person would act under such circumstances; or

9 c. For any mistake/s or omission/s made in good faith by any Trustee hereof.

VII. ANY OTHER OBJECT – UTILIZATION FOR OTHER PURPOSES

If the purpose and objects for which the Trust has been created fail and cannot be fulfilled, the Trustees shall be at liberty to apply the Trust fund and the property which is the object of this Trust to any other object of a like nature which the trustees may think proper after prior consultation with the supporting bodies and income tax authorities to ensure the income of which is not subject to tax.

VIII. In the event of dissolution or winding up of the Trust, the assets of the Trust shall be transferred to any other Trust / Institution with similar objects.

IX. OFFICE OF THE TRUST

The office of the Trust shall be at 21, Leith Castle South Street, Santhome, Madras or at such other place as the Trustees may determine from time to time.

X. AMENDMENT

This deed may be amended by a resolution of the Trustees and with such approval under the Indian Income – tax Act on such other law as may be in force so as to ensure that the income of the Trust is not subjected to tax.

This Trust is irrevocable.

IN WITNESS WHERE OF THE PARTIES HERE TO have set their respective hands and signatures to this deed on the day, month and year first above written.

Padma Sri Dr. Natteri Veeraraghavan

SETTLOR

WITNESSES 1. Mr. K. Savio George s/o Mr. K. G. George, 156 Greams Road, Thousand Lights, Madras 6

2. Dr. V. R. Kalyanaraman s/o Mr. V. G. Ramachandran, 2C Ashreya Apartments, 4th Seaward Road, Valmiki Nagar, Madras 41

10 Note: Amendment 23 January 2002*