HOLONX TRUSTEE CONTRACT
This Deed of Public Foundation Trust executed on __________ between Holonx Group and ........................... herein refereed to as the TRUSTEE ........................
Resident of .............................hereinafter called the 'Settlor'(which expression shall,
unless excluded by or repugnant to the context, be deemed to include his executors,
administrators and representatives) of the one part, and
(1) .............................. (2)................................... (3)..............................
(4)............................... (5)................................... (6)..............................
(7)............................... (8)................................... (9)..............................
(10)............................. (11)................................. (12)............................
hereinafter jointly referred to as 'trustees' (which expression shall, unless excluded by or
repugnant to the context, be deemed to include the trustee or trustees for the time being of
these presents and their successors in office) of the other part.
Whereas the Settlor is desirous of establishing a trust for public charitable objects.
And whereas the trustees have, at the request of the settlor, agreed to act as the first trustees
of these presents as testified by their being parties to and executing these presents.
And whereas it is necessary to declare the objects and terms of the public charitable trust,
being constituted under these presents.
Now this indenture witnesseth as follows
1. That the name of the trust shall be HolonX Group Trust and its office shall, for the
present, be situated at Lovina, Bali and/or at such other place or places as
the trustees may decide from time to time.
2. That the objects for which this trust is established are:
(a) To establish, develop, maintain and grant aid in cash or in kind to schools, orphanages
schools, villages, communities and/or such other similar charitable institutions in Bali for the
benefit and use of the general public.
(b) To establish, run, support and grant aid or other financial assistance to schools,
colleges, libraries, reading rooms, communities of the like nature in Bali, Indonesia, for use of the students and the staff and also
for the development and advancement of education and diffusion of knowledge
amongst the public in general.
(c) To establish, maintain and run studentships, scholarships and render other kind of aid
to students including supply of books, stipends, medals and other incentives to study,
without any distinction as to caste, colour, race, creed or sex.
(d) To promote, establish, support, maintain or grant aid to institutions for the promotion
of science, literature, music, drama and fine arts, for the preservation of education and future food, clothing or other projects in Bali, Indonesia, having similar objects for the benefit of the public in general.
(e) To establish, maintain or grant aid to orphanages or other establishments for the relief and help to the poor, needy and destitute people and orphans and to provide them education, books, pens or other commodities needed.
That the Trust Fund may be augmented by the income from the initial fund and also by
donations and other contributions from time to time.
That the Trust Fund shall not be applied for any purpose other than those specified in Para
That the Trustees shall always maintain proper accounts of the Trust which shall be kept at
the office of the trust.
That for the furtherance of the objects of the trust, the trustees shall have the following
(a) To accept any donation, contribution, grant or subscription in cash or in kind, from any
person(s), body of persons or trust, with or without conditions.
(b) To apply the whole or any part of the income of the trust, or the trust fund or
accumulations thereto, to any one or more of the objects of the trust, as the trustees
may, in their discretion, deem fit from time to time.
(c) To convert and deal with the trust property and/or any investments for the time being.
(d) To invest the Trust Fund either in the purpose of mortgage of immovable property or
in shares, stock or debentures or other securities and investments, or in deposits with
or loans to any company, bank, firm or any other person, and to alter, vary or transpose
such investments, from time to time at the discretion of the trustees.
(e) To borrow or raise or secure payments of moneys and also to lend money either with
or without security.
(f) To sell, dispose of, alienate or otherwise deal with any property comprising the Trust
(g) To let out, demise any immovable property comprised in the Trust Fund for such
period and at such rent on such terms and conditions as the Trustees in their discretion
may think fit.
(h) To open account in the name of the Trust, Trustees and/or Institutions run/ conducted
by the Trust with a Bank or Banks, to operate such account and to give instructions to
the Bank and to provide for opening and operation of such account by one or more of
the Trustees or by an agent appointed by the Trustees.
To adjust, settle, compromise, compound, refer to arbitration, all actions, suits, claims,
demands and proceedings regarding the Trust Fund.
To appoint constituted attorneys or agents and to delegate to such attorneys or agents
all or any of the powers vested on them under these presents and from time to time
remove such attorneys or agents and to appoint other or others in his or their place.
To appoint or make provision for the appointment of any person (including all or any
of the Trustees and committees or administrator or Managing Trustees or otherwise)
for the purpose of the administration of the Trust in such manner and subject to such
rules and regulation as the Trustees may prescribe and also to appoint or provide for
the appointment of separate Trustees to hold any fund or investment subject to the
provisions of this Deed in such manner and subject to such rules and regulations as the
Trustees may from time to time think fit.
To make, vary, alter or modify schemes, rules and regulations for carrying out the
objects of the Trust and for the management of the affairs thereof and/or running any
institution in furtherance of the objects of the Trust and otherwise for giving effect to
the objects of the Trust.
To start, abolish, discontinue and restart any charity or charitable institutions for the
benefit of general public and to impose any conditions to any subscription or donation
made by them.
To set apart and/or allocate the whole or a part of the income or the corpus of the trust
Fund or part thereof for any of the objects of the Trust.
To join, co-operate or amalgamate this trust with other or others having kindred or
allied objects, upon such terms and conditions as the trustees may in their discretion
think fit, particularly having regard to and in conformity with the objects and nature of
To give aid by way of donations out of the income or the corpus of the Trust Fund or
otherwise, to different charitable institutions, societies, organizations or Trusts in India
which may have been established or which may hereafter be established for the like
charitable purposes mentioned in these presents or any of them to enable such
institution, societies, Organization or Trustees to start maintain, or carry out such
To settle all accounts and to compromise, compound, abandon, or refer to arbitration
any action or proceedings or disputes, claim, demand or things, as deemed proper for
such purpose without being responsible for any loss occasioned thereby.
To borrow moneys either on the security of any property comprised in the Trust Fund
or otherwise for all or any of the purposes of these presents, and it shall be lawful for
the Trustees to make such borrowings on payment of such interest and otherwise on
such terms and conditions as they may in their absolute discretion think fit.
To apply to the Government, public bodies, urban, local, municipal, district and other
bodies, corporation, companies, or persons for and to accept grant of money and of
aid, donations, gifts, subscriptions, and other assistance with a view to promoting the
objects of the trust and to discuss and negotiate with the Government Departments,
public and other bodies corporations, companies or persons, scheme and other work
and matters within the o6jects of the Trust and to conform to any proper condition
upon which such grants and other payments may be made.
To take over or amalgamate with any other charitable trust, society, association, or
institution with similar objects.
To establish, promote, manage, organise or maintain or to assist in establishing,
promoting, managing, organising, or maintaining any branch of the Trust or any
other Trust or its branch with objects similar to those of this Trust and to promote
or carry on the affiliation or amalgamation of such other Trust with this Trust.
To take over, acquire, manage, control or aid any existing institution or institutions
having objects either wholly or in part similar to the objects of this Trust and on
such terms and conditions as may be thought expedient.
To purchase or otherwise acquire and undertake all or any part of the property,
assets, liabilities and engagement of any or more of the trusts, societies, institutions
or associations with which this Trust is authorized to amalgamate.
To transfer all or any part of the property, assets, liabilities and engagements of this
Trust to any one or more of the trust, societies, institutions or associations with
which this Trust is authorised to amalgamate.
To transfer and hand over the Trust to any other Society, Corporation, Institution,
Trust or Organisation on such terms and conditions as the Trustees shall in their
absolute discretion think fit and proper to be held by the Society, Corporation,
Institution, Trust or Organisation with the powers, provisions, agreements and
declarations, appearing and contained in these presents subject to such
modifications as may be necessary and consequent to such transfer of the Trust
fund. The Trustees for the time being of these presents shall become discharged
from the Trust thereof relating to Trust Funds so transferred.
8. The Trustees shall be accountable only for such moneys, stocks, shares and funds as
shall actually come into their hands and a Trustee shall not be answerable or
accountable for neglect, default, acts or omissions or commissions of the other trustees,
nor of any banker or other person with whom the trust properties or any securities may
have been deposited or kept.
9. The Trustees will not be entitled to receive any remuneration, but the Trustees may
reimburse themselves all expenses actually incurred by them in connection with the
Trust or their duties relating thereto.
10. The number of the Trustees shall not be less than two and more than seven. If the
number of the trustees shall fall below two, the Trustees shall not, except for the
purposes of filling any vacancy, act so long number is below the said minimum.
11. The managing trustees for the time being will be at liberty to appoint additional Trustee
within the number mentioned above for such period or on -such terms as to retirement
and re-appointment as the trustees for the time being considered proper. A person shall
cease to be a Trustee either: (i) if he without leave of absence does not attend three
consecutive meetings of the Trustees or for one calendar year, whichever is longer, or
(ii) if he is requested to resign by 3/4th or as near thereto as possible of the remaining
12. Every Trustee will be at liberty to resign on giving one month's notice of his intention to
13. The Trustees may from time to time frame rules for the conduct and regulations of the
meetings Of trustees. In the absence of such regulations:-
Two Trustees shall form a quorum for a meeting of the Trustees.
All matters will be decided mutually by the Trustees.
Resolution passed without any meeting of the Trustees but by circulation thereof
and evidenced in writing under the hands of two thirds of the trustees shall be as
valid and effectual as a Resolution duly passed at a meeting of Trustees.
14. The Trustees shall have the power to determine in case of doubt whether any moneys or
property shall for the purpose of the charity be considered as capital or income and
whether out of income or capital any expenses or outgoings ought to be paid or borne
and every such determination shall be binding and conclusive provided that nothing
contained shall be deemed to authorise the Trustees to spend the income or corpus of
the Trust for any purpose not authorised by these presents.
15. The accounting year of the Trust shall be the financial year ending on 3lst March every
16. The Trust and the Trust funds shall be and irrevocable for all times.
17. The office of the Trust shall be situated at Delhi unless changed by the Trustees by two
18. It is expressly declared that no part of the Trust property or its income or any accretion
thereto shall be applied for any purpose outside India or for any Purpose which is not a
charitable purpose in law, and all provisions hereof shall be construed accordingly.
In witness whereof the parties hereto have hereunto seen and subscribed their respective
hands, on the day, month and year first mentioned hereinabove.
(Settlor's Signature _____________)
(Trustee's Signatures _____________)