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Trust deed | Trustees | Governing body | Executive Committee | Professionals | Generation and utilization of funds | Impacts of Periyar Foundation

Trust Deed Of Periyar Foundation

THIS DECLARATION OF TRUST is made at Thiruvananthapuram on this 24th day of August 2004, between the subscribers of this trust deed consisting of the following

1.             Hon’ble Minister for Forest, Govt. of Kerala,                                  
2.             Principal Secretary to Government, Forests & Wildlife, Kerala
3.             Principal Secretary to Government, Finance, Kerala
4.             Principal Chief Conservator of Forests, Kerala
5.             Chief Conservator of Forests (wildlife), Kerala                 
6.             Chief Wildlife Warden, Kerala.               
7.             Chief Conservator of Forests (Eco-development and Tribal Welfare), Kerala
8.             Field Director, Periyar Tiger Reserve, Thekkady
9.             Deputy Director, Periyar Tiger Reserve East, Thekkady
10.           Deputy Director, Periyar Tiger Reserve West, Peermedu
11.       Assistant Field Director, Periyar Tiger Reserve, Thekkady.
(hereinafter called the TRUSTEES which expression  shall unless excluded by or repugnant to the content  be deemed to include their successors and assignees in office)

                WHEREAS the TRUSTEES have deeply felt it necessary to launch a sustainability strategy with regard to the management of Periyar Tiger Reserve, Kerala and taking into consideration the vast experience and sustained success of the various Eco-Development Committees functioning in Periyar Tiger Reserve at grass root level. Hence the parties hereto have subscribed among themselves an amount of Rs.  1000/- and a view of the same being applied for the establishment of charitable trust with the objects hereafter mentioned in the name Periyar Foundation, Kerala;

                AND WHEREAS the TRUSTEES have felt that a facilitating agency called Periyar Foundation should be established, focusing Periyar Tiger Reserve for Research and Training, for Park Development and Management, Environmental Education, Eco Development, Ecotourism etc., and that the cause should be promoted further and beyond the life of the India Eco-development Project;
WHEREAS the Trustees are executing this deed of Trust after due deliberation and as a result of various discussion held.

The members of the first Board of Trustees of the Trust are

  1. Sri K. Sudhakaran aged 54 s/o Vaikkara Ramunni, Minister for Forests, Government of Kerala, Government Secretariat, Thiruvananthapuram.
  2. Sri. Rudhra Gangadharan, aged 52, s/o P.R.Gangadharan, Principal Secretary to      Government, Forests & Wildlife, Government Secretariat, Thiruvananthapuram
  3. Sri. K.Jose Cyriac, aged 51,  s/o K.J.Cyriac., Principal Secretary to Government, Finance, Government Secretariat, Thiruvananthapuram
  4. Sri.P.K.Surendranathan Asari, aged 59, s/o K.K.Achari, Principal Chief Conservator of Forests, Forest Headquarters, Vazhuthacaud, Thiruvananthapuram
  5. Dr. Bransdon S Corrie, aged 47, s/o S.Corrie, Chief Conservator of Forests (Wildlife), Forest Headquarters, Vazhuthacaud, Thiruvananthapuram
  6. Sri. P.K.Surendranathan Asari, aged 59, s/o K.K.Achari, Chief Wildlife Warden, Forest Headquarters, Vazhuthacaud, Thiruvananthapuram
  7. Sri. P N Unnikrishnan, aged 51, s/o K P Neelakandan, Chief Conservator of Forests (Eco-development and Tribal Welfare), Forest Headquarters, Vazhuthacaud, Thiruvananthapuram
  8. Sri. Anil Kumar Bharadwaj, aged, 46, s/o Kewal Krishan Bharadwaj, Field Director, Periyar Tiger Reserve, Kottayam
  9. Sri. Pramod G Krishnan, aged 32, s/o P.K.Gopalakrishnan, Deputy Director, Periyar Tiger Reserve East, Thekkady
  10. Sri. B Joseph, aged 48, s/o M. Bastian., Deputy Director, Periyar Tiger Reserve West, Peermedu
  11. Sri. Simon Francis, aged 52, s/o C.R. Francis Joseph, Assistant Field Director, Periyar Tiger Reserve, Thekkady 

I. Constitution of Periyar Foundation (PF), Kerala

  1. The name of the TRUST shall be Periyar Foundation, Kerala which hereafter will be referred to as “The Foundation”.
  2. The head office of the Foundation shall be located at Thekkady, Idukki District, Kerala.
  3. Area of operation of the Foundation shall be   Periyar Tiger Reserve and its adjoining landscape (PTRAL)

II.Aims & Objectives of the Foundation

The main aim of the Foundation shall be to facilitate and support Periyar Tiger Reserve management in biodiversity conservation initiatives through eco-development and people’s participation as per approved management plans and to support similar initiatives in adjoining landscapes consistent with the national and state legislations.  To achieve this main aim, the Foundation shall have the following objectives:

  1. To facilitate ecological, economic, social and cultural development in PTRAL. 
  2. To provide support to safeguard the natural environment in PTRAL, and relevant places in the whole of Western Ghats.
  3. To facilitate the creation of, and or maintenance of such assets as felt
    necessary for fulfilling the above said objectives.
  4. To solicit technical, financial, social and other support required for the activities of the Foundation for achieving the above said objectives from different sources permitted by law.
  5. To support research, environmental education and training, management, advisory aspects and policy advocacy in the above and related fields.

III. Rules of the Periyar Foundation, Thekkady, Kerala

i)  Title

These rules shall be called “Rules of the Periyar Foundation,”
ii)Scope and Application
These Rules shall extend to all the units and activities of and on behalf of and sponsored by the Foundation.

iii) Date of Application
These Rules shall come into force from the date on which the Rules of the Periyar Foundation are approved by the Government of Kerala.

IV.  Definitions
In these Rules unless the context otherwise requires:

  1. “Officers and Staff’ shall mean every full time employee of the Foundation appointed by the Executive Committee or any authority or officer delegated with the powers to do so and would include consultants, contracted professionals, staff on deputation, village facilitators, etc.
  2. “Director” shall mean the Field Director, Periyar Tiger Reserve, Thekkady, appointed by the Govt. of Kerala.
  3. The “Chairman” shall mean the President of the Governing Body of the Foundation.

V. Functions of the Foundation

  1. In pursuance of the above objectives, the functions of the Foundation, to be undertaken directly by the Foundation through its staff or sponsored/supported by it through other institutions, agencies or individuals, shall be to take up all such activities as are required to meet these objectives. Role of the foundation is basically to support the Periyar Tiger Reserve management in biodiversity conservation initiatives and it shall not anyway directly involve in the implementation process.
  2. Under India Eco Development Project, 72 Eco Development Committees have been constituted. These committees have been confederated under two Eco Development Confederations. All these Eco Development Committees through 2 confederations will be working under Periyar Tiger Reserve Management. The role of the Foundation will be to support the ongoing Eco Development activities of different Eco Development Committees and two Confederations through Periyar Tiger Reserve Management. Eco Development Committees being grass root level institutions will be responsible for implementing the Eco Development activities under the supervision of two confederations and the Periyar Tiger Reserve Management inline with the objectives of the Foundation and Periyar Tiger Reserve Management.

VI.           Property, Assets and Liabilities

The income and property of the Foundation, however, derived shall be applied solely towards promotions of’ the objectives thereof as set-forth above, subject nevertheless, in respect of expenditure of grants made by the Government of Kerala to such limitations as the government may, from time to time, impose. No portion of the income and property of the Foundation shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise, howsoever by way of profit, to the persons who at any time have been members of the Foundation or to any of them or to any person claiming through them provided that nothing herein contained shall prevent the payment in good faith of remuneration to any member thereof or other persons in return for any service rendered to the Foundation or travelling allowance, halting or other charges.

VII. Government Powers

State Government may appoint one or more persons to review the work and progress of the Foundation, and to hold inquiries into the affairs thereof and to report thereon in such manner as the Government may stipulate and upon receipt of any such report, the Government may take such action after giving the Foundation an opportunity of being heard and issue such directions as they may consider necessary in respect of any of the matter dealt with in the report and the Foundation shall be bound to comply with such directions. The government may by special order dissolve or extend the existence of the Foundation, if required keeping in view the performance of the Foundation in achieving the objectives assigned thereto. The Power to create any posts for the Periyar Foundation is vested with the Government. 

VIII.  Dissolution

If on winding up or dissolution of the Foundation, there shall remain after the satisfaction of all its debts and liabilities any assets and property whatsoever the same shall not be paid to or distributed among the members of the Foundation or any of them but shall be dealt with in such manner as the State Government may determine.

IX.  Composition of the Governing Body

The Governing Body will consist of the following members:

  1. Hon’ble Minister for Forest, Govt. of Kerala, President
  2. Principal Secretary to Government,(F&W), Kerala, Vice President
  3. Principal Secretary to Government, Finance, Kerala
  4. Principal Chief Conservator of Forests, Kerala
  5. Chief Conservator of Forests (wildlife), Kerala                 
  6. Chief Wildlife Warden, Kerala. Member-Secretary
  7. Chief Conservator of Forests (Eco-development and Tribal Welfare), Kerala
  8. Field Director, Periyar Tiger Reserve, Thekkady
  9. Deputy Director, Periyar Tiger Reserve East, Thekkady
  10. Deputy Director, Periyar Tiger Reserve West, Peermedu
  11. Assistant Field Director, Periyar Tiger Reserve, Thekkady
  12. Director, Kerala Forest Research Institute, Peechi, Thrissur
  13. Director, School of Social Sciences, Mahatma Gandhi University, Kottayam
  14. Member of Legislative Assembly, Peermedu.
  15. District Panchayat President, Idukki.
  16. District Panchayat President, Kottayam.
  17. District Panchayat President, Pathanamthitta

X. Cessation of Membership

A member of the Governing Body becomes a member by reason of the office of appointment he/she beholds, his, her membership of the Governing Body shall terminate when he/she ceases to hold that office or appointment.

XI. Powers and Functions of the Governing Body

The Governing Body shall have the following powers and functions:
a) To decide the policies of the Foundation for the development of the PTRAL.
b) To give overall policy guidance and direction for efficient functioning of the Foundation.
c) To consider and approve the balance sheet and audited accounts of the Foundation for the previous year.
d) To consider and approve the annual report prepared by the Executive Committee.
e) To add and to amend the rules of the Foundation.
f) To facilitate in securing effective coordination between different departments and other Government/ Government aided institutions and non-Governmental organisations for the benefit of achievements of the objectives of the Foundation.
g) To perform such other functions as are proper and necessary to achieve the objectives of the Foundation.

XII. Proceedings of the Governing Body

(i) The meetings of the Governing Body shall be held at least twice a year at the time, date and place as may be determined by the President.
(ii) Except as otherwise provided in these Rules, all meetings of the Governing Body shall be called by fifteen days prior notice under the signatures of the Member­-Secretary, Periyar Foundation and in case of special meeting also, the fifteen days prior notice shall be issued. A summary of the business to be transacted at the annual and other meetings be communicated to the members well in advance.
(iii) The inadvertent omission to give notice to or the non-receipt of notice of any meeting by any member shall not invalidate the proceedings of the meeting.
(iv) If the President is not present in the meetings of the Governing Body, the Vice President will chair the meeting.
(v)  One third of the members of the Governing Body present in person shall form a quorum at every meeting of the Governing Body provided that no quorum shall be necessary in respect of any adjourned meeting.
(vi) All disputed questions at meetings of the Governing Body shall be determined by vote and in case of equality of votes; the person chairing the meeting shall have a casting vote.

XIII.  Office and Authorities of the Governing Body

  1. The office of the Foundation shall be headed by Field Director Periyar Tiger Reserve, who shall be known as, Executive Director, Periyar Foundation, and such other persons as may be designated as such by the Executive Committee.
  2. The Board of Trustees who are members by virtue of their office shall be the Permanent Members of the Foundation till such time as they hold the respective posts. Thus such officers shall cease to be Trustees of the Foundation on ceasing to hold the respective Govt. offices.
  3. The number of the Board of Trustees shall be fixed as eleven and shall not be changed.
  4. The Field Director shall be the Executive Director of the Board of Trustees constituted for the purpose of the formation of the Foundation.
  5. The Executive Director shall carry out the Administration and affairs of the Foundation.
  6. There shall be an Executive Secretary to assist Executive Director to carry out the day to day affairs of the Foundation.
  7. The Executive Secretary as mentioned in clause 6 shall be an Executive Professional Officer with sufficient background, aptitude and experience in matters related to wildlife and environment and also preferably a management and financial expert. He shall be in full charge and responsibility of the affairs of the Foundation as directed by the Executive Director.
  8. The Executive Secretary could be appointed on contract basis as the Executive Committee decides and on such remuneration and terms as the Executive Committee decides.
  9. The Executive Secretary shall abide by the direction and orders of the Executive Director. He shall look after such responsibility and works as are allotted to him by the Executive Director.

XIV.  Executive Committee

The affairs of the Foundation shall be administered subject to the rules and regulations and orders of the Foundation, by an Executive Committee, which shall consist of the following:

  1. Field Director, Periyar Tiger Reserve                  -               Chairperson
  2. Deputy Director, Periyar Tiger Reserve East -    Member-Secretary
  3. Deputy Director, Periyar Tiger Reserve West
  4. Assistant Field Director, Periyar Tiger Reserve
  5. Chairperson, Confederation of Eco Development Committees,
    Periyar Tiger Reserve, East Division
  6. Chairperson, Confederation of Eco Development Committees,
    Periyar Tiger Reserve, West Division
  7. One person from the frontline staff of Periyar Tiger Reserve as nominated by the Governing Body.

XV. Functions and Powers of the Executive Committee

  1. It shall be the responsibility of the Executive Committee to endeavour to achieve the objectives of the Foundation and discharge all its functions. The Executive Committee shall exercise all administrative and financial powers including powers to engage persons of all descriptions and make appointments thereon in accordance with regulations.
  2. The Executive Committee shall have under its control the management of all the affairs and funds of the Foundation.
  3. The Executive Committee shall have the power to enter into arrangement with other public or private organisations or individuals for furtherance of its objectives.
  4. The Executive Committee shall have powers for fund-raising (at national and international levels), securing and accepting endowments, grants-in-aid, donations, or gifts to the Foundation on mutually agreed terms and conditions or gifts which shall not be inconsistent or in conflict with the objectives of the Foundation and interest of Government or with provisions of these Rules subject to the approval of the Governing body.
  5. The Executive Committee shall have the power to take over and/or acquire in the name of the Foundation by purchase, gift or otherwise from government and other public bodies or private individuals, any movable and immovable properties in the state or elsewhere or other funds together with any attendant obligation and engagement not inconsistent with the objectives of the Foundation and the provisions of these Rules subject to the approval of the Governing body.
  6. The Executive Committee shall take all steps to support the park management in biodiversity conservation initiatives of PTRAL.

XVI. The Executive Committee shall also:  

  1. Facilitate co-ordination with the line departments for the Periyar Tiger Reserve management.
  2. Have a review of overall management of Periyar Tiger Reserve and make appropriate suggestions to park management.
  3. Perform any other works assigned by the Governing Body.

XVII. The Executive Committee may delegate to the Field Director, Periyar Tiger Reserve or any of its members and/or to a Committee/Group or any other officer of the Foundation/Project such administrative and financial powers and impose such duties as it deems proper and also duties that are to be exercised or discharged.

XVIII.  Proceedings of the Executive Committee

  1. Every meeting of the Executive Committee shall be presided over by the Chairperson and in his/her absence, Deputy Director, Periyar East shall chair the occasion.
  2. One third of the members of the Executive Committee present shall constitute a quorum at any meeting of the Executive Committee, provided that no quorum shall be necessary in respect of any adjourned meeting.
  3. Not less than seven clear days notice of every meeting of the Executive Committee shall be given to each member of the Executive Committee provided that
    a) The Chairperson may call an emergency meeting at the notice of three days, and
    b)   Any inadvertent omission to give notice of the meeting shall not invalidate the proceedings of the meeting.
  4. Every notice calling a meeting of the Executive Committee shall state the date, time and place at which such meeting will be held and shall, except otherwise provided in these Rules.
  5. The Executive Committee shall meet as and when necessary but at least once in every three months.
  6. Each member of the Executive Committee including the Chairperson shall have one vote and if there shall be equality of votes on any question to be decided by the Executive Committee, the Chairperson shall, have a casting vote.
  7. The Executive Committee shall refer any Research or Training Project for the advice or recommendation to a Sub-Committee appointed by it before proceeding with the sanctioning of the same. Though the Executive Committee shall have the right to override the recommendation or advice given by the Sub-Committee, in doing so, they shall record reasons for doing so.
  8. The Sub-Committee above mentioned shall consist of two members of the Executive Committee and an expert in the subject to be appointed by the Executive Committee.

XIX. The Annual General Body Meeting of the Governing Body and Executive Committee shall be conducted every year and the audited accounts of the previous year and the budget for the current year shall be presented, discussed and accepted. Quorum for the Annual General Body Meeting shall be one half of the total membership. In case of adjournment, the members present at the meetings will constitute the quorum.

 

XX. The Minutes of the proceedings of every meeting of the Governing Body/ Executive Committee shall be separately kept each in a book to be kept for that purpose and the business and other matters transacted at such meeting shall be recorded therein. Such minutes when signed by the Chairman of the proceedings shall be conclusive proof of the business transacted.

 

XXI. All meetings of the Foundation shall be held at such place and at such time as the Foundation shall decide from time to time.

XXII.

  1. The Governing Body shall have the power to frame such rules and regulations in conformity with general provisions of the Trust Deed and in addition to such provisions for managing the affairs of the Foundation and for giving effects to the objects and purpose of the Foundation.
  2. All the policy decisions regarding fund raising, investment & budget will be taken by the Governing Body.
  3. The member who is unable to be present at the meeting of the Foundation may send his/her views on the agenda in writing and such expression of opinion shall be taken to be his/her vote on the matter concerned.

XXIII.       The Executive Committee shall stand possessed of and hold the said sum for the time being and from time to time representing the Foundation and its assets or additions to corpus of voluntary contribution or other finance, aid received or accepted by the Foundation from time to time (all of which are hereinafter referred to as “Trust Fund”).

XXIV.       The Executive Committee if they so desire can appoint a Sub-Committee for the assessment and evaluation of any project or any programme that is being implemented.

XXV.        The Governing Body has Power to Suspend, Terminate or other procedures of any Project or Programme undertaken.

XXVI.       The Governing Body shall have power to discontinue the fund flow and initiate actions as deemed necessary where allocations are used for the purpose not endorsed by the Governing Body. Before taking such action as stated above, an opportunity of being heard shall be given to the project or programme implementing agency or the person concerned.

XXVII. The Financial Year of the Foundation shall be from 1 April to 31 March of succeeding year.

XXVIII. All accounts of the Foundation should be made up to date and shall be audited by an auditor appointed by the Governing Body.

XXIX.       Extra ordinary General Body Meeting (EGBM) of Executive Committee may be held in case of emergency. EGBM can be convened by either by the Executive Director or as per the demand of at least 1/3 of the members of the Foundation. Notice for EGBM shall be issued at least five days in advance and the quorum for EGBM shall be more than half of the Members of the Foundation.

The Power of the Executive Director

XXX.        The Executive Director shall execute all decisions taken by the Governing Body and Executive Committee.

XXXI.       The Executive Director shall have the following powers: ­

  1. To accept contributions on behalf of the Foundation either in cash or in kind from a person or institution on such terms which are in conformity with the objectives of the Foundation and on conditions generally laid down by the Government.
  2. To purchase, acquire, take on lease any movable and immovable property including furniture, fixtures, books, conveyance for the purpose of the Foundation as decided by the Governing Body or Executive Committee.
  3. To have control, power on general administration of the Foundation and also to have powers to control staff and the workers of the Foundation and discharge the staff and workers and for payment of remuneration.
  4. To open and operate accounts with banks for which purpose, the Executive Director shall have power to sign and endorse cheques, securities and other negotiable financial instruments.
  5. To prosecute, sue and defend all actions at law and to refer to arbitration, to compromise or forego any claim by the Foundation which shall show specifically, directed by the Executive Committee and shall sign all required for the purpose and pleading for such purpose.

XXXII. The Executive Director shall be the Chief Executive of the Foundation and he or she shall carryout all administrative functions and day-to-day work of the Foundation. He/She shall be the custodian of all the records, assets and belongings of the Foundation.

XXXIII. The Executive Director shall keep and circulate the minutes of the General Body Meeting, Sub Committee meetings, and do the necessary correspondence and networking of the Foundation and maintain all the registers, records of the employees etc.

XXXIV. The Governing Body shall decide and approve the accounting procedure to be followed in the functioning of the Foundation.

XXXV. The Executive Director can delegate his office and duty if the situation so warrants and become necessary that unless it is so delegated major procedural and administrative routines will be stalled. Such delegation of duty shall be in regular course of the business, shall be expressed, specific and on clear terms which shall be immediately communicated to the Executive Committee.

XXXVI. Other Matters

  1. The Executive Director shall have powers to convene seminars, workshops etc and to oversee publications of research materials, books of the Foundation.
  2. The Executive Director shall initiate appropriate actions for the submission of the projects and programmes to the various funding agencies for financial support.
  3. The Executive Director shall maintain a data bank and other information and knowledge, storage medium and method that has already been generated in Periyar Tiger Reserve and would be generated in future during the existence of the Foundation.
  4. The Executive Director shall have powers to interact with National and International Agencies connected with the similar objectives as that of the Foundation.

XXXVII. For any matter requiring legal clarification and support the Foundation can approach the Law department of the Government through the administrative department concerned

XXXVIII. For the above purpose the law department wing attached to the Forest headquarters shall be approached by the Foundation.

XXXIX. It is hereby further clarified that the Foundation shall carry out any other activity incidental and conducive to the attainment of objectives herein above laid down.

XL.          Further it is clarified that the purpose and objective of the Foundation stated herein above shall be for the ultimate benefit of the PTRAL as a method of beneficial co-existence of park and people and thus it will benefit people of India as a whole without any distinction of caste, colour, creed or sex and not for the benefit of any particular religious and or political body and community. The Foundation shall not involve in carrying out any activities solely for the personal benefit of anybody.

XLI.         In carrying out various activities of the Foundation strict adherence to the provisions of the Kerala Financial Code and Kerala Service Rules shall be observed.

  1. The provisions of Foreign Exchange Maintenance Act, Foreign Contribution Regulation Act shall be strictly followed in receiving contribution and foreign exchange.
  1. Regulations

Subject to any specific directions of the Foundation and the Governing Body shall have powers to frame and amend Regulations not inconsistent with these Rules, for the administration and management of the affairs of the Foundation and without prejudice to the generality of this provision, such Regulations may provide for the following among other matters:­

1)             Service matters of officers and staff including creation of posts, qualifications, selection procedures, service conditions, pay and emoluments, discipline and control rule. Prior approval of Government shall be obtained for the creation of any posts.
2)             Important financial aspects including formulation of budget, purchase procedures, delegation of financial powers, investment of funds, maintenance of accounts, audit etc.
3)             Such other matters as may be necessary for the furtherance of the objectives and the proper administration of the affairs of the Foundation. Provided that for the purpose of this Rule, following guidelines would be kept in view while creating the posts and formulating the Service and Financial Regulations:

a)     Scales of pay in respect of the posts to be created by the Governing Body shall correspond, as far as possible, to the scales of pay of the State Government. However, depending on the professional competence and experience additional remuneration can be decided subject to the approval of the Governing Body.
b)     Mode of recruitment in respect of the posts to be created for the Foundation shall be transfer, deputation or short-term contract. For work related specific assignments, persons would be deployed on fixed emoluments on contract basis with provision for revision each year if considered appropriate;
c)     Consideration of financial propriety and prudence shall be kept in view.

 

XLIV.       District Level Coordination

The District Level Coordination shall be done by integrating eco-development aspects in the district level planning. The Executive Committee shall coordinate with the concerned district departments to facilitate the management of PTRAL. Half-yearly reviews of coordination shall be done so as to resolve the local implementation problems.

XLV.        Annual Report of the Foundation

The Annual Report on the working of the Foundation and the work undertaken by it during the previous financial year together with balance sheet and Audited Accounts, shall be prepared by Executive Committee for information of the Governing Body.  A draft of the Annual Report along with the Audited accounts of the Foundation and the Auditor’s Report thereon shall be placed before the Governing Body in its Annual General Meeting.

XLVI.       Amendments

With the prior approval of the Governing Body, the Foundation may alter, extend or abridge or amalgamate the rules of the Foundation.

XLVII. As and when there is any change in the nomenclature of Ministries, Departments, or institution(s) and designation(s) mentioned in the Rules, such changes shall automatically stand incorporated in these Rules.

XLVIII. If, on the winding up or dissolution of the Foundation, there shall remain, after the satisfaction of all debts and liabilities, any property whatsoever, the same shall not be paid to, or distributed amongst the members of the Foundation or anyone of them but shall accrue to the State Government which will decide about its utilization in accordance with law.

XLIX. All properties belonging to the Foundation shall be deemed to be vested in the Governing Body of the Foundation but shall be referred to as the property of the Foundation.

L.             Every member of the Foundation may be sued or prosecuted by the Foundation for any loss or damage caused to the Foundation or its property for anything done by him detrimental to the interests of the Foundation.

 

Financial Regulations

LI.            Powers of the Field Director Periyar Tiger Reserve

The Field Director Periyar Tiger Reserve shall be the Executive Director of the Foundation and shall be responsible for proper administration of the affairs and funds of the Foundation and efficient implementation of various activities of the Periyar Tiger Reserve management in a mission mode under the directions and guidance of the Governing Body. The Executive Director, Periyar Foundation shall exercise all the technical, administrative, financial and disciplinary authority and powers exercised by the Head of the Department. He shall also continue to perform the duties and exercise the powers as may be or may have been assigned to him by the Kerala Government / Governing Body/ Executive Committee.

LII.               Funds of the Foundation

  1. The existing assets of Periyar Tiger Reserve shall continue to be those of the State Government. The income generated from levying of eco development surcharge on visitors to Periyar Tiger Reserve shall be pooled into the operational fund of Periyar Foundation.
  2. Contribution from other sources, such as fund raising for the Periyar Tiger Reserve at national as well as international levels; fund raising will be of two types: (i) to plan, design, develop and execute projects for the management of biodiversity, village eco-development and extension and research activities of PTRAL (ii) to develop a corpus fund for biodiversity conservation at the PTRAL.
  3. Grants, donation or assistance of any kind from foreign Governments and other external agencies subject to Government rules.

 

LIII.          The Executive Committee shall decide the bankers of the Foundation. All funds shall be paid into the Foundation account with the bank and shall not be withdrawn except through a cheque signed by-such officers as may be duly empowered by the Executive Committee.

LIV.         Accounts & Audit

  1. The Foundation shall maintain proper accounts and other relevant records and prepare annual accounts comprising the Receipts and payment account, statement of liabilities in such form as may be prescribed.
  2. The accounts of the Foundation shall be audited annually by a Chartered Accountant or any agency so authorised by the Governing Body.
  3. The audited accounts shall be submitted to the Governing Body which shall submit a copy of Audit Report along with its observation to the State Government within 15 days from the receipt thereof
  4. The accounts of the Foundation shall also be subject to the provisions of the Comptroller and Auditor General (Duties Powers and Conditions of service) Act, 1971 as amended from time to time.

 

IN WITNESS WHEREOF the Trustees have executed these presents on the day, month and year above mentioned with an intention to register this deed at Sasthamangalam.

Signatures, name Addresses of the Trustees

In the presence of

1) Signature, Name & Address
2) Signature, Name & Address