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TRADEMARK AND TRADE NAME LICENSE AGREEMENT Download Word Document In English. (Rs.90/-) This TRADEMARK AND TRADE NAME LICENSE AGREEMENT is dated as of October 10, 2008 (the “Agreement”), between Misys plc, a public limited company organized under the laws of England, having a principal place of business at One Kingdom Street, London W2 6BL, United Kingdom (“Licensor”), and Misys Healthcare Systems, LLC, a North Carolina limited liability company, having its principal place of business at 8529 Six Forks Road, Raleigh, North Carolina 27615 (“Licensee”). Licensor and Licensee are referred to herein collectively as “Parties” and each individually as a “Party”. W I T N E S S E T H : WHEREAS, Licensor is the owner of the trade name “MISYS” (the “Licensed Name”) and certain trademarks and service marks consisting of or incorporating the designation “MISYS,” identified in the schedule attached hereto as Schedule A, and has applied for and registered such trademarks and service marks in the United States (the “Territory”) (such trademarks and service marks and such registrations and applications, together with any and all common law rights pertaining thereto, are referred to collectively as the “Licensed Marks”) for use in Licensor’s business; WHEREAS, Licensor is the owner of the domain names listed on Schedule B hereto (the “Licensed Domain Names” and together with the Licensed Name and the Licensed Marks, the “Licensed Property”); WHEREAS, at the Closing (as defined in the Agreement and Plan of Merger, dated as of March 17, 2008, by and among Licensor, Licensee, Allscripts Healthcare Solutions, Inc., a Delaware corporation, having its principal place of business at 222 Merchandise Mart, Suite 2024, Chicago, IL 60654 (“Allscripts”) and Patriot Merger Company, LLC, a North Carolina limited liability company (the “Merger Agreement”)), Licensor will own, directly or indirectly, 54.5% of the equity interests in Allscripts on a fully-diluted basis (as determined pursuant to the Merger Agreement); WHEREAS, Licensor previously licensed Licensee the right to use the Licensed Marks in connection with Licensee’s healthcare information technology products and services, pursuant to the Trademark License Agreement, effective as of May 7, 2004 between Licensor and Licensee (the “Existing License”), and Patriot Merger Company, LLC, a wholly-owned subsidiary of Allscripts is merging as of the date hereof with and into Licensee with Licensee as the surviving company (the “Merger”); WHEREAS, entering into this Agreement is a condition to effecting the Merger; WHEREAS, in connection with the Merger, the Parties have decided to replace the Existing License with this Agreement to more clearly set forth the rights and obligations of each Party; WHEREAS, Licensee desires to use, and Licensor is willing to license Licensee to use, the Licensed Marks in connection with Licensee’s healthcare information technology products and services and such other products and services as the Parties may agree (such products and services together with any permitted sublicensee’s healthcare information technology products and services, the “Products and Services”), to use the Licensed Name in connection with Licensee’s business of providing Licensee’s healthcare information technology products and services (the “Licensed Business”), and to use the Licensed Domain Names in connection with the Licensed Business under the terms and conditions set forth herein. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. Grant of License. 1.1. Grant of Trademark License. Subject to the terms and conditions contained herein, Licensor hereby grants to Licensee, and Licensee hereby accepts, a nonexclusive, nonassignable, royalty-free license to use the Licensed Marks in connection with the marketing, promotion, advertisement, distribution and sale of the Products and Services of Licensee in the Territory. 1.2. Grant of Trade Name License. Subject to the terms and conditions contained herein, Licensor hereby grants to Licensee, and Licensee hereby accepts, a nonexclusive, nonassignable, royalty-free license to use the Licensed Name in its corporate name and trade name solely in the form of “Allscripts Misys” with or without one or more additional words (e.g., “Allscripts-Misys Healthcare Solutions”) and a corporate-form identifier such as “Inc.” or “LLC”, as applicable, in connection with the operation of the Licensed Business in the Territory. 1.3. Grant of License to Domain Names. Subject to the terms and conditions contained herein, Licensor hereby grants to Licensee a nonexclusive, nonassignable, royalty-free license to use the Licensed Domain Names in connection with the operation of the Licensed Business in the Territory. The Parties agree that the ability of a third party to access the websites operated under the Licensed Domain Names from outside of the Territory shall not be deemed a breach of this Agreement, provided such websites are not targeted to persons or entities outside of the Territory and to the extent that a person or entity is identified as being outside of the Territory, Licensee does not provide Products or Services and does not permit any Sublicensee to provide Products or Services outside of the Territory. In the event of any doubt as to where such person or entity is located, Licensee shall, and shall cause any Sublicensee to, obtain written confirmation from such person or entity that it is located and operating in the Territory. Licensor shall designate a person specified by Licensee as the “technical   contact ” for each Licensed Domain Name to the extent necessary to permit access to the associated website. 1.4. Restrictions on Use. (a) Except for use of Allscripts’ color scheme of red, black and grey, which may be used for the Licensed Marks other than “Misys” used alone, “Misys” in combination with the “M” logo and the “M” logo, Licensee shall not change or modify the Licensed Property, or create any design variation of the Licensed Property, without the prior written consent of Licensor. (b) Except for the word “Allscripts”, Licensee shall not join any name, mark or logo with the Licensed Property so as to form a composite trade name or mark, without obtaining the prior written consent of Licensor. (c) Licensee shall not use any other name or mark that is confusingly similar to the Licensed Property, provided, however, that use of the word “Allscripts” with the secondary words in the Licensed Marks (e.g., Tiger), with or without the word “Misys”, will not be considered confusingly similar. 1.5. Changes in Licensed Marks. Upon written notice to Licensee, Licensor may, from time to time in its sole discretion, elect to (a) discontinue any Licensed Marks or Licensed Domain Names and/or (b) replace any Licensed Marks or Licensed Domain Names with or use new or different trademarks or service marks or domain names (“New Marks”) with respect to the Products and Services or the Licensed Business. Upon such election, any such New Marks may be designated Licensed Property by Licensor and if designated as such shall be subject to the terms of this Agreement, and Schedule A shall be deemed amended automatically to include such New Marks. In the event Licensor discontinues any Licensed Property or introduces a New Mark, Licensee shall have a reasonable period of time, not to exceed six (6) months, to cease use of such discontinued Licensed Property or begin use of such New Mark. 1.6. Sublicenses. (a) Subject to the terms and conditions contained herein, Licensee may grant a sublicense of its rights hereunder to any Affiliate (defined as any entity that, at the time of determination, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, Licensee, whether by contract, possession (directly or indirectly) of power to direct or cause the direction of the management or policies of such entity or the ownership (directly or indirectly) of securities or other interests in such entity) (each permitted sublicensee, a “Sublicensee”) as follows: (i) Licensee may grant a sublicense to each Sublicensee to use the Licensed Marks in connection with such Sublicensee’s healthcare information technology products and services in the Territory;   3 (ii) Licensee may grant to each Sublicensee a sublicense to use the Licensed Name solely in the form(s) set forth on Schedule C as Schedule C may be amended from time to time by mutual agreement of Licensor and Licensee and solely in connection with the operation of such Sublicensee’s healthcare information technology products and services business in the Territory (each, a “Sublicensee Business”); (iii) Licensee may grant to each Sublicensee a sublicense to use the Licensed Domain Names in connection with its Sublicensee Business in the Territory. (iv) The grant of any sublicense hereunder shall be conditioned on such Sublicensee having first executed a copy of the Sublicensee Acknowledgement set forth as Exhibit A. (b) Any such sublicense shall be made on, and subject to, all applicable terms and conditions of this Agreement with respect to the Licensed Property, including but not limited to the following: (i) Any such sublicense shall contain a provision that the sublicense will, at Licensor’s choice, either (A) be deemed automatically assigned by Licensee to Licensor or (B) terminate automatically upon any termination of this Agreement. (ii) Licensee shall (A) notify Licensor promptly in writing upon becoming aware that any Sublicensee’s use of the Licensed Property deviates from the Quality Standards in any material respect, and (B) promptly undertake commercially reasonable efforts to cause such defective or nonconforming use to be cured or, if not curable, discontinued. (iii) Licensor shall be a third-party beneficiary of such sublicense. (iv) Licensor shall have the right to enforce the terms and conditions of, and terminate, such sublicense, whether as a party thereto or as a third-party beneficiary. (c) In addition to the right to grant sublicenses pursuant to this Section 1.6, Licensee and each Sublicensee shall be permitted to allow any reseller or distributor of the Products and Services to use the Licensed Marks and Licensed Domain Names solely to the extent necessary to perform its obligations under the relevant agreement with Licensee or such Sublicensee. Each such agreement shall contain restrictions on the use of the Licensed Marks and Licensed Domain Names consistent with the restrictions contained herein, including but not limited to those in Section 1.6(b) (other than (b)(i) and (b)(iv)). A copy of each such agreement shall be provided to Licensor for review and approval prior to execution.   4 (d) Notwithstanding the grant of any sublicense hereunder, Licensee shall remain liable for any breach or default of the applicable terms and conditions of this Agreement by any of its Sublicensees, resellers or distributors with respect to the Licensed Property. (e) No such Sublicensee, reseller or distributor shall be permitted to sublicense to any other person or entity the rights granted to it with respect to the Licensed Property. (f) A copy of each sublicense shall be provided to Licensor for review and approval prior to execution. 1.7. Covenant. So long as this Agreement is effect, (i) Licensor will not use the product marks included in the Licensed Marks (e.g., Misys Tiger) on healthcare information technology products and services within the scope of the Licensed Business in the Territory and (ii) other than with respect to activities of the Licensor’s open source division, Licensor will not use the “Misys” mark or the “M” logo on healthcare information technology products and services within the scope of the Licensed Business in the Territory. For the avoidance of doubt, Licensor’s open source division may use the “Misys” mark, the “M” logo and other marks not included in the Licensed Marks on healthcare information technology products and services within the scope of the Licensed Business in the Territory. 2. Quality Standards and Control. 2.1. Quality Control. At all times, Licensee shall use and shall cause each Sublicensee to use the Licensed Property only in accordance with such quality standards and specifications as may be established by Licensor and communicated to Licensee in writing from time to time (the “Quality Standards”), including but not limited to the Misys Trademark Guidelines attached hereto as Exhibit B. Without limiting the foregoing, the Products and Services shall always be manufactured or performed in a manner that reflects favorably on the Licensed Property and does not tarnish them or the reputation of Licensor. With respect to the name and mark “Misys” and the “M” logo, Licensor may establish additional Quality Standards that shall be communicated to Licensee in writing from time to time. 2.2. Use of the Licensed Marks. All use of the Licensed Marks made hereunder shall faithfully reproduce the design and appearance of the Licensed Marks as reflected on Schedule A. 2.3. Inspection and Approval. Licensor or its designated representative shall have the right at any time during normal business hours to inspect and approve, which approval shall not be unreasonably withheld, any and all uses of the Licensed Marks to confirm that such use is in conformance with the terms of this Agreement. From time to time, upon Licensor’s reasonable request in writing, Licensee shall, at Licensee’s expense, (a) provide Licensor with representative samples of the ways in which the Licensed Marks are then being used (or photographs depicting the same), and   5 (b) permit Licensor to inspect Licensee’s places of business where the Licensed Marks are used, in each case for Licensor’s inspection and approval of such uses. 2.4. Deficiencies. If Licensor reasonably believes that the Licensed Business, a Sublicensee Business or the business of a reseller or distributor using the Licensed Marks or Licensed Domain Names is not being conducted in compliance with Licensor’s Quality Standards or if an inspection of the Products and Services reveals that they do not comply with Licensor’s Quality Standards, then Licensor shall promptly provide Licensee with written notice of such defects or violations, and shall allow Licensee thirty (30) days from the date of such notice in which to cure such defects or violations. Should the defects or violations not be remedied within such thirty (30) days, Licensor may, in its reasonable discretion, terminate this Agreement in accordance with Section 8.2 or bring an action to require specific performance. If such an action is brought and is successful, then Licensee shall have thirty (30) days within which to comply with the order. If, at the end of such thirty (30) days Licensee has not complied, this Agreement will terminate automatically. 3. Compliance with Law. Licensee shall use the Licensed Property only in such manner as will comply with the provisions of applicable laws and regulations relating to the Licensed Property. Licensee shall affix to all materials that bear a Licensed Mark, including, but not limited to, all stationery, labels, packaging, advertising and promotional materials, manuals, invoices and all other printed materials, (a) notices in compliance with applicable trademark laws and (b) such legend as Licensor may reasonably designate by written notice and is required or otherwise reasonably necessary to allow adequate protection of the Licensed Marks and the benefits thereof under applicable trademark laws from time to time. In connection herewith, Licensee may use the following legend: “MISYS” is a registered trademark owned by Misys plc and is used under license.” 4. Ownership and Maintenance. 4.1. Ownership. (a) Licensee acknowledges and admits the validity of the Licensed Property and agrees that it will not, directly or indirectly, challenge the validity of the Licensed Property, or any registrations thereof and/or applications therefor in any jurisdiction, or the right, title and interest of Licensor therein and thereto, nor will it claim any ownership or other interest in the Licensed Property in any jurisdiction, other than the rights expressly granted hereunder. (b) Licensee acknowledges that (i) the Licensed Property and the goodwill associated therewith are and will remain the exclusive property of Licensor, (ii) all uses of the Licensed Property shall inure solely to the benefit of Licensor, and (iii) Licensee has no right, title or interest in any other trademarks, services marks, trade names or domain names belonging to Licensor. Licensee shall not at any time do or suffer to be done any act or thing that will in any way impair the rights of Licensor in and to the Licensed Property. Nothing in this Agreement grants, nor shall Licensee acquire   6 hereby, any right, title or interest in or to the Licensed Property or any goodwill associated therewith, other than those rights expressly granted hereunder. This Agreement shall not affect Licensor’s right to enjoin or obtain relief against any acts by third parties of trademark infringement or unfair competition. (c) Licensee shall not at any time, without the prior written consent of Licensor, acquire a registration or file and prosecute a trademark application or applications to register the Licensed Property, or any component, variation or derivation thereof, or any name or mark confusingly similar thereto, for any goods or services anywhere in the world. If Licensee at any time, without the prior written consent of Licensor, files or causes to be filed, in its own name or otherwise on its behalf, an application to register or otherwise takes steps under applicable laws to obtain trademark or other protection of the Licensed Property in any country, territory or jurisdiction, Licensee shall, at the direction of Licensor, either (i) assign and transfer to Licensor, without further consideration, all right, title and interest in or to the Licensed Property in such country, territory or jurisdiction, or (ii) surrender and abandon such registration or application for registration. 4.2. Maintenance; Registrations; Filings. (a) Licensor shall be responsible for and retain sole discretion over the filing, protection and maintenance of the Licensed Property. Licensee shall execute all documents as are reasonably necessary or expedient to aid in, and shall otherwise cooperate at Licensor’s expense with, Licensor’s efforts to prepare, obtain, file, record and maintain all such registrations and applications. In particular, but without limitation, upon Licensor’s request, Licensee shall furnish Licensor with information or materials which are necessary or helpful to establish or evidence Licensor’s ownership of the Licensed Property, and the nature and scope of its rights therein, including but not limited to information regarding the Licensee’s first and subsequent dates of use, proof of such use dates, information regarding the nature and extent of the Licensee’s use, and actual specimens of use made by Licensee in advertising, printed materials or other materials which are used in connection with the promotion of the Products and Services. (b) Licensor shall have no further maintenance obligations as to the Licensed Property or any registration thereof or application therefor upon giving written notice to Licensee that it does not intend to continue such maintenance; provided, however, that, other than as provided in Section 1.5, Licensor shall maintain its registrations for all the Licensed Domain Names during the term of this Agreement. 5. Infringement or Dilution. Licensee shall promptly notify Licensor upon becoming aware of any infringement or dilution of the Licensed Property. Licensor has the exclusive right to take, and shall take, such steps to stop such infringement or dilution as may be reasonably necessary in its reasonable determination to protect the Licensed Property. Licensee shall cooperate fully with Licensor to stop such infringement or dilution. Licensor shall have full control over any such action, including without limitation the right to select counsel, to settle on any terms it deems advisable in its discretion, to appeal any adverse decision rendered in any court, to discontinue any action taken by it, and otherwise to make any decision in respect thereto as it deems   7 advisable in its discretion. Licensor shall bear all expenses connected with the foregoing, including for Licensee’s cooperation. To the extent Licensee has proven damages resulting from such infringement or dilution, Licensee shall share in the amount recovered, if any, net of Licensor’s expenses in connection with such action, pro-rata with Licensor’s damages in such action. 6. Indemnification. 6.1. Licensor does not, by virtue of this Agreement or of Licensee’s use of the Licensed Property, assume any liability with respect to the business of Licensee or the conduct thereof by Licensee, and Licensee shall defend, indemnify and hold harmless Licensor and its affiliates, successors and assigns, and its and their respective officers, directors, employees, agents, attorneys and representatives, from and against any and all claims, causes of action, suits, damages, losses, liabilities, costs and expenses (including but not limited to reasonable attorneys’ fees and expenses) (collectively, “Losses”) resulting from or arising out of claims, actions or proceedings brought by third parties against Licensor arising out of (a) Licensee’s breach of this Agreement, (b) any use by Licensee of the Licensed Property, (c) any misuse by Licensee of the Licensed Property including but not limited to use of the Licensed Property in false advertising; and (d) defects in the Products and Services offered by the Licensee or any Sublicensee under the Licensed Property. 6.2. Licensee does not, by virtue of this Agreement or of Licensee’s use of the Licensed Property, assume any liability with respect to the business of Licensor or the conduct thereof by Licensor, and Licensor shall defend, indemnify and hold harmless Licensee and its Affiliates, successors and assigns, and its and their respective officers, directors, employees, agents, attorneys and representatives, from and against any and all Losses resulting from or arising out of claims, actions or proceedings brought by third parties against Licensee arising out of Licensor’s breach of this Agreement. 7. Representations and Warranties. Each Party represents and warrants that it has executed this Agreement freely, fully intending to be bound by the terms and provisions contained herein; that it has full corporate power and authority to execute, deliver and perform this Agreement; that the person signing this Agreement on behalf of such Party has properly been authorized and empowered to enter into this Agreement by and on behalf of such Party; that prior to the date of this Agreement, all corporate action of such Party necessary for the execution, delivery and performance of this Agreement by such Party has been duly taken; and that this Agreement has been duly authorized and executed by such Party, is the legal, valid and binding obligation of such Party, and is enforceable against such Party in accordance with its terms. 8. Term; Termination. 8.1. Term. The term of this agreement shall become effective as of the date hereof, and shall continue in effect until terminated in accordance with the provisions of Section 8.2.   8 8.2. Termination. (a) Licensor may terminate this Agreement or a sublicense upon written notice to Licensee or such Sublicensee, if: (i) There is a change in control of Licensee or such Sublicensee. (ii) Licensee or such Sublicensee breaches any provision of this Agreement and fails to cure such breach within thirty (30) days after the date of Licensor’s written notice thereof. (iii) Licensee or such Sublicensee files, or consents to the filing against it of, a petition for relief under any bankruptcy or insolvency laws, makes an assignment for the benefit of creditors or consents to the appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator or other official with similar powers over a substantial part of its property; or a court having jurisdiction over Licensee or such Sublicensee or any of the property of Licensee or such Sublicensee shall enter a decree or order for relief in respect thereof in an involuntary case under any bankruptcy or insolvency law, or shall appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or official with similar powers over a substantial part of the property of Licensee or such Sublicensee, or shall order the winding-up, liquidation or rehabilitation of the affairs of Licensee or such Sublicensee, and such order or decree shall continue in effect for a period of sixty (60) consecutive days. (iv) Licensor provides such written notice of termination sixty (60) days in advance of the date of termination. (b) Notwithstanding anything to the contrary contained herein, termination of this Agreement by either Party in whole or in part shall be without prejudice to any other remedy otherwise available hereunder, under law or at equity, to such Party or the other Party. (c) Notwithstanding anything to the contrary contained in this Agreement, the rights and obligations of Licensor and Licensee pursuant to Sections 4.1, 6, 8.2(b), 8.2(c), 8.3 and 9 shall survive indefinitely regardless of any cancellation, expiration or termination of this Agreement. 8.3. Effects of Termination. Any termination of this Agreement in accordance with the terms hereof shall be final. Upon the termination of this Agreement: (a) all rights in the Licensed Property granted to Licensee or any Sublicensee hereunder shall automatically revert to Licensor, and Licensee or any Sublicensee shall have no further rights in, and shall immediately cease all use of, the Licensed Property, except that Licensee and any Sublicensee shall have a thirty (30) day period after termination to transition away from use of the Licensed Property; (b) Licensee shall immediately destroy and cause any Sublicensee, reseller or distributor to destroy all materials used for reproducing the Licensed Property   9 (including without limitation photographic negatives, printing plates and tooling), except that Licensee and any Sublicensee shall have a thirty (30) day period after termination to transition away from use of the Licensed Property and shall, within thirty (30) days after such destruction has taken place, provide Licensor with an affidavit executed by an officer of Licensee attesting thereto; (c) Licensee will use reasonable efforts to cease using the Licensed Property on buildings, cars, trucks and other fixed assets as soon as possible but in any event within three (3) months of termination; (d) Licensee shall and shall cause any Sublicensee to change its name to a name that does not include any name, mark, domain name or other source indicator using any of the Licensed Property or any name, mark, domain name or other source indicator that Licensor reasonably deems confusingly similar thereto; (e) Licensor shall, for a period of six (6) months after the termination of this Agreement, redirect Internet traffic seeking any of the Licensed Domain Names to such domain name or names as Licensee shall specify in writing; (f) Licensee shall and shall cause any Sublicensee to change the domain names on the websites currently using the Licensed Domain Names to domain names that do not include any name, mark, domain name or other source indicator using any of the Licensed Property or any name, mark, domain name or other source indicator that Licensor reasonably deems confusingly similar thereto and shall remove all references to the Licensed Property in the content on any such websites; and (g) Licensee will not and will cause any Sublicensee not to use or do business under, or assist any third party in using or doing business under, any name, mark, domain name or other source indicator using any of the Licensed Property or any name, mark, domain name or other source indicator that Licensor reasonably deems confusingly similar thereto. 9. Miscellaneous. 9.1. Assignment. Licensee shall not assign or attempt to assign its rights or obligations hereunder without Licensor’s prior written consent. Licensor shall not assign or attempt to assign its rights or obligations hereunder without Licensee’s prior written consent; provided, however, that no such consent shall be required for an assignment by Licensor in connection with (i) any assignment to an affiliate, (ii) any assignment or sale of all or substantially all of the equity or similar interests of Allscripts that are owned by Licensor, or (iii) any assignment or sale of all or substantially all of Licensor’s assets, or any merger, consolidation or other business combination to which Licensor is a party, provided, further, however, that Licensor agrees that it will not assign its rights or obligations hereunder apart from all or substantially all of the equity or similar interests of Allscripts that it owns and the Licensed Marks that are specific to the Licensed Business, which, for the avoidance of doubt, do not include the name and mark “Misys” or the “M” logo or any other name and mark other than the Licensed Marks.   10 Any assignment or attempt to do so in violation of this Agreement shall be null and void. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and permitted assigns. 9.2. Entire Agreement. This Agreement constitutes the entire agreement between Licensor and Licensee with respect to the subject matter hereof and supersedes and cancels all prior agreements and understandings between Licensor and Licensee, whether written and oral, with respect thereto (including the Existing License). 9.3. Amendment; Waivers. This Agreement shall not be amended, supplemented or modified except in a writing executed by authorized representatives of the Parties. Waiver by a Party of any breach of any provision of this Agreement by the other Party shall not operate, or be construed, as a waiver of any subsequent or other breach. 9.4. No Agency. Licensor and Licensee are independent contractors with respect to each other, and nothing herein shall create any association, partnership, joint venture or agency relationship between them. 9.5. Further Assurances. Each of the Parties hereto agrees to execute all such further instruments and documents and to take all such further action as the other Party may reasonably require in order to effectuate the terms and purposes of this Agreement. The Parties shall act in good faith in the performance of their obligations under this Agreement. 9.6. Severability. If any provision of this Agreement is inoperative or unenforceable for any reason in any jurisdiction, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses, Sections or subsections of this Agreement in any jurisdiction shall not affect the remaining portions of this Agreement in such jurisdiction or in any other jurisdiction. 9.7. Waiver of Jury Trial. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH, TERMINATION OR VALIDITY OF THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, (B) IT UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER VOLUNTARILY, AND (D) IT HAS BEEN   11 INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 9.7. 9.8. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its principles or rules of conflict of laws to the extent such principles or rules are not mandatorily applicable by statute and would require or permit the application of the laws of another jurisdiction. For purposes of any claim, suit, action or proceedings arising out of or in connection with this Agreement, each of the parties hereby irrevocably submits to the exclusive jurisdiction of the federal and state courts located in the County of New York in the State of New York. 9.9. Equitable Relief. Each Party hereto acknowledges that the other Party will suffer irreparable harm as a result of the material breach by such Party of any covenant or agreement to be performed or observed by such Party under this Agreement, and acknowledges that the other Party shall be entitled to apply for and, if granted, receive from any court or administrative body of competent jurisdiction a temporary restraining order, preliminary injunction and/or permanent injunction, without any necessity of proving damages, enjoining Licensee from further breach of this Agreement or further infringement or impairment of the rights of Licensor. 9.10. Notices. All notices, requests, demands and other communications made in connection with this Agreement shall be in writing and shall be deemed to have been duly given (a) if sent by first-class registered or certified mail, return receipt requested, postage prepaid, on the fifth day following the date of deposit in the mail, (b) if delivered personally, when received, or (c) if transmitted by facsimile or other telegraphic communications equipment, when confirmed, in each case addressed as follows:   If to Licensor, to:   Misys plc   One Kingdom Street   London W2 6BL   United Kingdom   Telecopy:    +44 (0)20 3320 5000   Telephone:    +44 (0)20 3320 1771   Attention:    Group General Counsel & Company Secretary If to Licensee, to:   Misys Healthcare Systems, LLC   8529 Six Forks Road

Download Word Document In English. (Rs.45/-) Download PDF Document In Hindi. (Rs.45/-) Download PDF Document In Marathi. (Rs.45/-) SYNOPSIS AND LIST OF DATES The present Special Leave Petition is preferred against the impugned judgment/order dated 20.08.20__ in Criminal Appeal No. of 20 passed by the High Court of Sikkim, whereby the Hon'ble High Court dismissed an appeal against the order of conviction & sentence dated 19.12.20__ passed by the Learned Special Judge, Sikkim Anti-Drugs Act (S.A.D.A). The SADA Court, on the basis of inconclusive and inconsistent statements of the prosecution witnesses (most of whom were police officers) regarding the recovery of some contraband articles in a vehicle which the petitioner was allegedly driving, convicted him for transportation of prescription drugs/contraband articles and sentenced him for four years imprisonment and a fine of Rs. 1 lakh. Brief Facts of the Case The petitioner herein was a car-driver aged years. According to the Police, on 28.10.20 , one Respondent No. 2 along with the Petitioner were entering the State of Sikkim from West Bengal side, wherein their car was searched and capsules & cough syrup bottles were recovered from the car. The two accused were arrested. Subsequently, the police obtained a report from a forensic laboratory which stated that the capsules and cough syrup contain certain chemicals, which the prosecution then claimed to be prohibited under SADA. The Ld. Special Judge as well as the Hon'ble High Court of Sikkim erroneously placed reliance on the statements of some prosecution witnesses, while ignoring the others. The Ld. Judge also erroneously overlooked glaring inconsistencies in the witness statements, some of which are as follows: 28.10.20__ According to the Police, the present petitioner was proceeding towards Melli, South Sikkim in a vehicle bearing registration number ____ from West Bengal. He was the driver of the said vehicle. The vehicle was checked at the Melli Check Post and some contraband articles were recovered. Thereafter, FIR No: _____, Dated: _____, under Section (s) 9 and 14 of Sikkim Anti Drugs Act (SADA), 2006 was registered against the Petitioner and Respondent No.2 herein. A copy of the FIR dated  28.10.2013 is annexed as Annexure P1 (pages ______ to ______). 28.10.20__According to the Police, the some contraband articles were seized from the vehicle being driven by the petitioner at 12:00 PM on 28.10.20__. The Property Seizure memo of Petitioner here in states that the property seized from the Petitioner comprised 20 bottles of cough syrup Lupicof along with the vehicle bearing registration no. _____, RC Book, Insurance Papers and Pollution Check papers. A copy of the property seizure memo dated 28.10.20__ in the name of the Petitioner herein is annexed as Annexure P2 (pages _______ to _______). The Property Seizure memo of the Respondent No.2 comprised bottles of cough syrup lupicof, capsules of Spasmo proxyvon. A copy of the property seizure memo dated 28.10.20__ in the name of the Respondent No. 2 herein is annexed as Annexure P3 (pages _______ to _______). 29.10.20__ The petitioner herein paid the requisite fees for his medical treatment at Sikkim Rehabilitation & Detoxification Centre, Nimtar, East Sikkim, a government approved centre for de-addiction. The petitioner filed a bail petition for his release so that he could get admitted at a government approved de-addiction centre for undergoing medical treatment for de-addiction. 19.12.20__ The Court of Special Judge (SADA) South Sikkim vide its final judgment dated 19.12.20__ convicted the petitioner and the respondent no. 2 herein of the offences under Section 9(d) of SADA, 2006 read with Section 34 of the IPC 1860 and Rule 17(1) of the SADA Rules, 2007 read with Section 14 of SADA 2006 and Section 34 of IPC 1860. A copy of the judgment of trial court convicting the petitioner dated 19.12.20__ is annexed as Annexure P17 (pages_____ to _____). 17.02.20__ The petitioner herein filed Criminal Appeal No. 03/20__ at the High Court of Sikkim at Gangtok. A copy of the criminal appeal filed by the petitioner is annexed as Annexure P19 (pages_____ to _____). 19.03.20__ The Hon'ble High Court was pleased to suspend the sentence of the petitioner and granted him bail during the pendency of the appeal. A copy of the High Court order dated 19.03.20__ granting bail to the petitioner is annexed as Annexure P20 (pages ______ to ________).  20.08.20__ A single judge bench of Hon'ble High Court of Sikkim dismissed the appeal vide final impugned order/judgment dated 20.08.20__ upholding the judgment of the trial (SADA) court. 16.11.20__ In a similar case, the Hon'ble High Court of Sikkim in the case of Nurul Haque v. State of Sikkim acquitted the accused for the offences registered against him under Section 9(d) of SADA and Rule 17(1) of Sikkim Anti Drugs Rules rules on the basis of similar anomalies in the statements of witnesses and because the mandatory provision of Section 24 SADA (Section 50 of NDPS Act) was not followed. A copy of the said final order/judgment dated 16.11.2015 of the Hon'ble High court of Sikkim in Criminal Appeal No. 13 of 2015 is annexed herewith as Annexure P21 (pages_______ to _______). .11.20__ Hence the present Special Leave Petition IN THE SUPREME COURT OF INDIA Order XXII Rule 1 (1) (CRIMINAL APPELLATE JURISDICTION) (UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA) SPECIAL LEAVE PETITION (CRIMINAL) NO. _______ OF 20__ (Against the final order and judgment passed by the Hon'ble High Court of Sikkim dated 20.08.20__ passed in Criminal Appeal No. of 20 ) IN THE MATTER OF:                                           In Trial Court     In High Court            In Supreme Court ABC                                    Accused No. 1    Petitioner No. 1         Petitioner Versus Government of ___             Prosecution  Respondent No. 1             Respondent No. 1 SPECIAL LEAVE PETITION UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA To,The Hon'ble Chief Justice of India and his companion justices. The Humble petition of the Petitioner above named: MOST RESPECTFULLY SHOWETH: 1. The present Special Leave Petition is preferred against the final judgment/order dated 20.08.20__ in Criminal Appeal No. of 20 passed by the High Court of Sikkim, whereby the Hon'ble High Court has dismissed an appeal against the judgment and Order of Sentence dated 19.12.20__ passed by the Learned Special Judge (S.A.D.A), South Sikkim at Namchi passed in S.T. (S.A.D.A) Case No. 02 of 20__. It is submitted that no intra-court appeal lies against an order passed in a criminal appeal. 2. QUESTIONS OF LAW: The following questions of law arise for consideration by this Hon'ble Court: A. Whether the petitioner could have been convicted at all under Section 9(d) of SADA in a situation when one of the two independent prosecution witnesses (PW3) had not the supported the prosecution theory and the other (PW4) stated that police directed him to sign the seizure memo without disclosing its contents? B. Whether the Hon'ble High Court erred in not appreciating the settled law that no conviction can be based on the statements of police officers if the same fails to inspire confidence, is contradictory or otherwise not fully credible? C. Whether the High Court erred in not appreciating that there were material discrepancies in the depositions of the prosecution witnesses, most of whom were police officers themselves and hence the prosecution could not prove the guilt of the petitioner beyond reasonable doubt? D. Whether the statement of PW4 could have been relied upon by the courts below for convicting the petitioner? E. Whether the Hon'ble High Court erred in not appreciating the fact that the petitioner was working as a driver and the seizure memo in his name only recorded 20 cough syrup bottles? F. Whether the Hon'ble High Court erred in not differentiating between contraband articles such as opium, charas, ganja, cocaine etc and those of the kind as allegedly seized from the vehicle that the petitioner was driving i.e. prescriptions drugs? 3. DECLARATION IN TERMS OF RULE 2(2): The Petitioner states that no other petition seeking leave to appeal has been filed by them against the order dated 20.08.20__ passed by the passed by the High Court of Sikkim in Criminal Appeal No. 03 of 2015 4. DECLARATION IN TERMS OF RULE 4: The Annexures P-__ to P-__ produced along with the Special Leave Petition are true copies of the pleadings / documents which formed part of the records of the case in the Courts below, against whose order, the leave to appeal is sought for in this petition. 5. GROUNDS: A. That as per the facts in the instant case, the checking at Melli Check Post resulted in the alleged seizure of contraband articles which were gift wrapped and kept in the back of the Bolero vehicle that the petitioner herein was driving. Even assuming the prosecution theory as correct, the alleged seizure does not amount to chance recovery and therefore, the mandatory procedure under Section 21(2) and Section 24(3) of Sikkim Anti Drugs Act, 2006 ought to have been complied with by the Investigating Officer as the Investigating Officer neither sent the report within seventy two hours nor the report was sent to the immediate superior officer. In the instant case even the procedure under Section 30 which was clearly applicable was also not followed. The law is clear that if something has to be done, has to be to done in a particular manner, it has to be done in that manner and not otherwise. B. In a very similar case, the Hon'ble High Court of Sikkim vide its recent judgment dated 16.11.2015 in the case of Nurul Haque v. State of Sikkim acquitted the accused for the offences registered against him under Section 9(d) of SADA and Rule 17(1) of Sikkim Anti Drugs Rules rules on the basis of similar anomalies in the statements of witnesses and because the mandatory provision of Section 24 SADA (Section 50 of NDPS Act) was not followed. C. The Petitioner herein has been sentenced to an excessive and disproportionate term of imprisonment of four years despite the fact that he had undergone and completed a full 144-day (almost 5 months) de-addiction and rehabilitation program as per the directions of the Trial Court itself. The petitioner had been granted a certificate of successful completion and was remarked that the petitioner showed good conduct during the entire course of de-addiction. D. That there is no proof that the petitioner and respondent no. 2 were acting in pursuit of a common intention to commit an offence under Section 9(d) of SADA. The petitioner was the driver of the car while the consignment was seized in the name of the respondent No. 2. Consequently, the seizure memos also differ and show 20 bottled of cough syrup to have been seized from petitioner while 536 bottles and 1440 tablets were seized in the name of respondent No. 2. In the absence of any evident with regard to the common intention, Section 34 of IPC cannot be applied in the instant case.E. The petitioner is a first-time offender and has undergone extensive medical treatment for de-addiction,. Moreover, at the time of the alleged incident, he was merely a young driver and has been given such a disproportionate and excessive punishment.F. The Ld. Special Judge as well as the Hon'ble High Court of Sikkim erroneously overlooked glaring inconsistencies in the depositions/testimonies of prosecution witnesses. 6. GROUNDS FOR INTERIM RELIEF: A. That the petitioner, a first time offender, has already spent over six months in prison. B. That the petitioner has already undergone 144 days of medical treatment for de-addiction, detoxification and rehabilitation. C. That the petitioner was granted bail during the investigation, during the trial and also while his appeal was being heard by the High Court. D. The petitioner has fully cooperated with the investigation, trial and has never mis-used the liberty granted by the courts. The petitioner also fully complied with the conditions imposed by the courts while granting him bail. E. That the balance of convenience is in favour of the petitioner and irreparable injury would be caused to the petitioner if the interim relief is not granted. If the sentence is not suspended, the petitioner would not be able to assist his lawyers and prepare for his appeal before this Hon'ble Court. F. That no prejudice would be caused to the Respondent if the interim relief is granted. G. That the petitioner has a good chance in this appeal and is likely to succeed in the matter, therefore, interim relief may be granted to the petitioner. That the hearing of the appeal before this Hon'ble Court may take some time and therefore, the execution of sentence may be suspended during the pendency of the appeal. 7. MAIN PRAYERS In view of the the above circumstances, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to: a) Grant special leave to appeal against the final judgment and order dated 20.08.20__ in Criminal Appeal No.__ of 20__ titled __ & Anr. V State of Sikkim passed by the single judge of the High Court of Sikkim at Gangtok b) Pass such other and further orders as this Court may deem fit and proper in the interests of justice.   8. INTERIM PRAYERS: It is most respectfully prayed that this Hon'ble Court may graciously be pleased to pass the following ad interim directions: a. Stay the impugned final judgment/order dated 20.08.20__ in Criminal Appeal No.__ of 20__ titled ___ & Anr. V State of Sikkim passed by the single judge of the High Court of Sikkim at Gangtok. b. Stay the conviction and suspend the execution of the sentence imposed on the petitioner by the Learned Special Judge, Sikkim Anti-Drugs Act (S.A.D.A), South Sikkim, during the pendency of the instant appeal. c. Pass such other and further orders as this Court may deem fit and proper in the interests of justice FILED BY: Advocate for the petitioner Drawn By: Drawn on: Filed on: New Delhi

DEED OF TRUST   Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.50/-) This Deed of Public Charitable Trust is made on this the 30th day of August Two Thousand and Fourteen (30.08.2014) by 1) ………….., aged ……, …………………(Occupation), S/O ……………………. residing at ………………………., ……………………., …………………. , Thanjavoor, Tamilnadu -……….. 2) ……………………., aged…………….., ……………….., S/O ……………………..  residing at …………………….., ………………….., …………………., Thanjavoor, Tamilnadu -……….. 3) ………………………., aged  4) (hereinafter referred to as the “AUTHORS / FOUNDING TRUSTEES OF  THE TRUST” which expression shall unless excluded by or repugnant to the subject and context be deemed to include the authors of the trust for the time being and/or  nominees of the authors).   WHEREAS the authors of the trust are desirous of creating an endowment by setting apart and establishing a fund for the public charitable object for the purpose of providing education, medical  and financial assistance to the poor, old and infirm people and/or destitute, for the upliftment of children, progress of the society, nation, and mankind in general.   NOW THIS DEED WITNESSETH AS FOLLOWS:-   In order to effectuate the said object of creating and establishing a public charitable trust, the authors of the trust have contributed a sum of Rs.1000/- (Rupees One thousand only) each totaling an amount of Rs.2000/- (Rupees Five thousand only) to form the initial corpus of the Trust and it is hereby agreed and declared that the authors of the trust shall jointly hold and administrate the initial corpus of the Trust and any further profit which may derive and arise there from and all other properties whether movable or immovable which may be received or acquired by the Trust as gift, donation or in any other manner. The entire corpus of the Trust shall be used for the objects for which this Trust is created and for any other object which may further be included among the objects mentioned herein.   I.       NAME OF THE TRUST The name of the trust shall be “………………….” hereinafter mentioned as the ‘Trust’.   II.      REGISTERED OFFICE The registered office of the Trust shall be at Building No: ……………………………………………., which may be changed from time to time to such other place or places as the trustees may deem fit and proper at their discretion.   III.    AREA OF OPERATION             The area of operation of the Trust shall be the whole of India.   IV.      OBJECTIVES OF THE TRUST    To establish children’s homes, orphanages, old age homes and home for widows, destitute and homeless people. To help the poor and destitute senior citizens of the society to grow in grace and joy To establish childcare centers, health centers, clinics, nursing homes and hospitals and to provide medical and health care facilities to the needy people of the society. To promote communal and social harmony and understanding among various sections of the Society. To propagate values and morality and to conduct awareness campaigns against the use of alcohol, tobacco and drugs. To establish rehabilitation center for physically and mentally handicapped people. To undertake, to perform and to assist everything to bring up harmony and peace in families and society and for that purpose to establish counseling centers. To act in co-operation and for that purpose enter into arrangement, agreements and to co-operate with any other association, institutions, societies or trust having objectives similar to that of this Trust. To purchase, take on lease, acquire, hold and possess any land and any properties or movable property which may be necessary, expedient or desirable for attaining the objectives of the trust. To acquire properties and to construct and maintain buildings and also to provide the necessary infrastructure in furtherance of the objectives of the Trust. To arrange funds and to raise finance necessary for the activities of the Trust by way of donations, sponsorships, subscriptions, membership fees, loans etc. To raise funds by way of borrowing money or by receiving deposits and by raising loans upon such terms and conditions decided by the Trustees from time to time for achieving the objectives of the trust. To do all other things auxiliary and ancillary to the above objectives.     V.       ADMINISTRATION OF THE TRUST   1)      Board of Trustees            The authors of the trust herein shall have the right to nominate or accept more persons as Trustees as decided by them from time to time to facilitate the smooth functioning of the Trust and its activities and the authors of the trust  herein together with the persons so nominated or accepted shall form the ‘Board of Trustees’.             The Board of Trustees shall have the following responsibilities:-   a)      The Board of Trustees shall manage, administer and control the Trust fund, the properties owned by the Trust and the institutions belonging to the Trust.   b)      The Board of Trustees may accept donation or contribution in cash or in kind from any person, firm, company, corporation, associations, institution or trust for the furtherance of the objects of the trust or for any one or more of them upon such terms and conditions as they may in their absolute discretion think fit and which are not inconsistent with the objects of the Trust.  The Board of Trustees may also take over the management of any other charitable or public institutions on such terms as they think fit and may manage such institutions.    d)      To borrow money by way of bank overdrafts, loan or otherwise as may be necessary for the benefit of the trust  and for more effectively carrying out the objects of the trust against the security of the assets of the trust.   e)      To appoint or make provision for the appointment of a sub-committee of trustees to attend, supervise and conduct specified jobs or functions or trust matters in such manner and subject to such rules and regulations as the trustees may prescribe.   f)       The Board of trustees shall have the right to initiate disciplinary action against any trustee whose action and behavior are against the rules and objectives of the Trust.   g)      The Board of trustees may make such rules and regulations for proper    management of the trust, it’s institutions, and activities, and he may add, alter or vary such rules and regulations whenever found necessary, with the approval of the majority of the Board of Trustees present in any meeting convened for the said purpose.    2)     Office bearers of the Trust             a)      President   Any one of the founding trustees at a given time shall be the President of the Trust. Founding trustees will take turns over a period of 2 years to be the President & Vice President respectively.             The President shall have the following powers and functions.   1.       The President shall preside over all meetings of the Board of Trustees as well as in all meetings conducted by the Trust as far as possible.  In his absence, the Vice-President shall perform the duties of the President with his consent.   2.       All decisions regarding the function of the trust shall only be made with the consent of the President & Vice President.                          3.       The President may summon the meetings of “The Board of     Trustees” whenever necessary to discuss and decide upon matter of urgent importance.    4.        The President and Vice President unless otherwise decided by the Board of Trustees shall represent the Trust in respect of the purchase and sale of any immovable properties of the Trust.             b)      Vice-President             a)   The Vice President shall perform the duties of the  President in his absence with the consent/permission of the President.             c)       General Secretary   a)   The General Secretary shall be selected from and among the Trustees on a majority vote.    b)   The General Secretary, subject to the control and supervision of the Board      of trustees, may  exercise and perform such powers and duties as the Board of Trustees may from time to time determine. d) Joint Secretary The Joint Secretary shall perform the duties of the  Secretary in his absence .   e)      Treasurer   The Treasurer shall be selected from and among the Trustees on majority vote.  The Treasurer, subject to the control and supervision of the Board of trustees, may exercise and perform such powers and duties as the Board of Trustees may from time to time determine.                    3)      Financial year   The financial year of the Trust shall end on 31st March of every year provided that the Board of Trustees shall be at liberty to change the same from time to time if they deems fit and proper.  4)      Notice   a) Notice of the meeting of the trustees and all communications may be sent to the       trustees at their address for the time being in the record of the trust and 10 days prior notice in writing regarding the meeting of the trustees shall be given to trustees.   b) In urgent circumstances, meeting of the Board of Trustees shall be convened by the Chairman on short notice of not less than 24 hours.   c) The extra ordinary meetings of the Board of Trustees convened on request by not less than 2 members of the Board of Trustees, shall have at least three days notice.   5)      Quorum   Quorum for the meeting of the Board of Trustees shall be minimum of two if the authors of the trust are the only trustees in the Board Of Trustees and if the number of trustees is more than two, then the quorum shall be two third of the trustees along with the President and Vice President.   6)      Meetings           The Board of Trustees shall convene one annual meeting and there shall be such periodical meetings within four months since the closing of the financial year.     VI     GENERAL RULES   a)      All documents executed in connection with the administration and Management of the Trust shall be in the name of “……………….” and shall be signed by the President or Vice President or any other trustee or any other officials nominated and entrusted by the Board of trustees.   b)      No person shall be eligible to be nominated or shall be accepted as a Trustee, if he is an insolvent or a person of unsound mind or convicted by a criminal court regarding any offence involving moral turpitude.   c)      The Board of Trustees may from time to time frame schemes and rules and regulations to carry out the objects of the Trust and for managing the affairs of the Trust and otherwise for giving effect to the object and purposes of the Trust and to vary the same from time to time as the Board of trustees may in their discretion deem fit and proper.    d)      All decisions regarding the function of the trust shall only be made with the consent of the President/Vice-President.   e)      The Board of Trustees shall have the right to initiate disciplinary action against any Trustee whose action and behavior are against the rules and objectives of the Trust.    f)    Any new trustees (other than the family members of authors) who are willing to join the Trust may put up an application to the Board Of Trustees and the Board Of Trustees may take appropriate decision on admission of such person as trustee only with the consent of all trustees.   e)   The Trust Shall be irrevocable.   f)     In the event of dissolution/winding up of the Trust the assets remaining as on the date of dissolution shall under no circumstances be distributed among the trustees/members of the managing committee/governing body but the same shall be transferred to another charitable Trust /Society whose objects are similar to those of this trust/society and which enjoy recognition under 12A of the income tax Act at the time of transfer or vests with government.   g)    In case of any amendment to the clauses , it would not extend to altering the basic character/objects of the Trust and further, no such amendments which may prove to be repugnant to the provision of section 2(15), 11, 12&13 and 80G of the Income Tax Act shall be made.   h)    The Trust shall maintain regular books of accounts and the same shall be audited by a qualified Chartered Accountant.   i)      Any amendments to the Objects and Clauses of the Trust Deed shall be carried out only with the prior approval of the Commissioner of Income Tax having jurisdiction over the Trust.   j)     The objects/ activities of the Trust shall be carried out only in India.   k)    The income of the Trust shall be solely utilized towards the objectives of the Trust and the funds/ assets will not be utilized for the payment to the Author & Trustees by way of profit/ interest/ income/dividend etc.   l)      The benefit of the Trust will be open to all irrespective of cast, religion, creed, sex etc.   m)   The trust shall not carry on any commercial activity with the ultimate motive of making profit and division of profit.  The income and assets of the Trust shall be applied only for the charitable activities of the Trust as mentioned in the Object clause and for expansion of the institution(s) run by the trust, and the trustees shall have no power to utilize the same for their personal ends VII. BANK ACCOUNTS   Appropriate Bank accounts shall be opened and operated in Banks approved by the Board of Trustees. Bank Accounts shall be operated by General Secretary and Treasurer jointly. However in the absence of the them from India, then they shall nominate suitable person or persons to operate the bank accounts accordingly.   VIII    ADVISORY BOARD.   (a)   There shall be an Advisory Board consisting of members not exceeding ten nominated by the Board of Trustees from among persons who are prominent in the field of operations as per the objectives of the Trust and  persons having high reputation in the society.   (b)   The Advisory Board shall assist and advise the Board of Trustees to carry out its functions efficiently.  IX AMENDMENTS   (a)       Amendments to the Articles in the Trust deed may be made by the Board of Trustees with the approval of the Commissioner of Income Tax having jurisdiction over the Trust and it should not be contrary to or inconsistent with the objects of the Trust.    (b)  Any meeting of the Board of Trustees convened for amendments in the  Articles of the Trust, shall be convened only by giving 10 days notice to all members of The Board of Trustees.    X   SAVINGS .   Savings, if any shall be utilized for the development of the Trust/Institutions, for educational help to the poor and needy and for achieving the other objectives of the Trust  and for other charitable purposes as may be decided by the Board of Trustees. The funds of the Trust shall be invested strictly in accordance with provisions of the Section 11 (5) read with Section 13 (1) (d) of the Income Tax Act.     XI    DISSOLUTION   If  the  object  for  which  the  Trust  has  been  created  shall  fail  and  cannot  be  fulfilled , the  trustees  shall  be  at  liberty  to  merge  the  said  trust  with any other trust having similar interest and objects, which  the  trustees  shall  consider  proper and at the time of dissolution/ winding up of the Trust, the assets and liabilities shall be transferred to a trust or a Society not only having similar objectives but also enjoying regulations under 12A of the Income ax Act or else it shall vest with the Government.   This document  is executed on stamp paper worth Rs.1000/- ( Rupees One thousand only).    IN WITNESS WHEREOF the parties hereunto have set their hands to this Deed at .................... Panchayat which is within the jurisdiction of Sub-Registry, .................., on this the 30th day of August 2014.

DEED OF TRUST OF  ______________ TRUST Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.45/-) THIS DEED OF TRUST made at _______ this day of _______ 2014 BETWEEN _________________ residing at ____________ __________ hereinafter called "the Settlor" (which expression shall unless it is repugnant to the context or meaning thereof be deemed to include his heirs, executors and/or administrators) of the One Part AND (1) -------------------- residing at _____________ AND (2) ------------------ residing at ________________, hereinafter called "the Trustees" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include the survivors of survivor of them and the heirs, executors and administrators of the last survivor and the trustees or trustee for the time being of these presents, their, his or her assigns) of the Other Part; (i) WHEREAS the Settlor is seized and absolutely possessed, inter alia, of an amount of Rs._________/- (Rupees ___________________ only) in cash;(ii) WHEREAS out of natural love and affection which the Settlor bears towards the beneficiaries (i) ___________________ and (ii) _________________ who are the (relationship) of the Settlor, the Settlor is desirous of settling a sum of Rs._____/- (Rupees _____________ only) upon and subject to the trusts, powers, provisions, agreements and declarations hereinafter declared and contained of and concerning the same and the Settlor has requested the Trustees to act as the Trustees thereof, which the Trustees have consented to do (as is testified by their being parties to and executing this Deed);AND WHEREAS in pursuance of the said desire the Settlor has, prior to the execution hereof, handed over cash of Rs.5,000/- (Rupees five thousand) and a cheque for Rs. _________/- (Rupees ________________ only) to the Trustees and the Trustees have accepted and taken possession of the same and they shall hold the said amount upon the Trusts and with and subject to the powers and provisions hereinafter declared and contained; NOW THIS DEED OF TRUST WITNESSETH as follows:- 1. The Settlor _________________________has conveyed, transferred and assigned to the Trustees the said amount of Rs. 5,000/- (Rupees five thousand only) in cash and Rs. _________/- (Rupees ______________________ only) by cheque.2. The Trust shall be known as "..................." but it may hold assets or carry on business in any suitable name. 3. The Trustees hereby declare that they the Trustees shall hold and stand possessed of the said property which is referred to as "the Trust property" which expression shall also include cash and any other property and investments of any kind whatsoever into which the same or any part thereof might be converted, invested or varied from time to time or such as may be acquired by the Trustees or come to their hands by virtue of these presents or by operation of law or otherwise howsoever in relation to these presents, upon the Trusts and with and subject to the powers, provisions, agreements and declarations hereinafter declared and contained concerning the same.4. The Trustees shall hold and stand possessed of the Trust property upon the following trusts that is to say:-(a) to manage the trust premises or Trust Fund and collect and receive the interest, dividend and other income thereof;  (b) to pay and discharge out of the income of the Trust Fund all costs, charges and expenses for collecting and receiving the income of the Trust Fund and all other assets, charges, expenses and outgoings of and incidental to the Trusts created by these presents and administration thereof; (c) to close the accounts of the Trust on the 31st day of March of every year and pay to or accumulate or spend the net income of the Trust among the beneficiaries in the following properties:-i) %ii) %5. If either of the beneficiaries dies before the determination of this Trust his or her share and interest in the Trust shall devolve upon the survivor and in the event of the death of the survivor before the determination of the Trust it shall devolve upon his legal heirs. (a) The income of the Trust shall be credited to the respective accounts of the beneficiaries.(b) Any amount withdrawn by the beneficiaries or on their behalf shall be debited to the respective accounts of the beneficiaries.(c) The Trustees shall also be entitled to spend any part of the corpus or of the amounts credited to the accounts of the beneficiaries for their maintenance, education and medical relief or for any other benefit of the beneficiary concerned and such amounts shall be debited to the respective accounts of the beneficiaries.(d) The Trust shall be determined when the younger of the beneficiaries attains the age of ...... years or on such earlier date as the Trustees may in their absolute power decide. On the determination of the Trust the corpus of the Trust property shall be divided among the beneficiaries existing at the time according to their shares and if there is no existing beneficiary then to the legal heirs of the beneficiary who dies last. 6. It is hereby agreed and declared that the Trustees herein appointed or to be appointed in future as hereinafter provided shall manage the trust property and for this purpose they shall have full power at all times to sell, convert, transfer or alienate any one or more of the Trust properties and to convert the proceeds thereof in other properties, securities or investments as they may deem fit.7. The Trustees may receive and accept any donations, gifts or bequests from the Settlor or any other person or persons for the purpose of the Trust. The Trustees may also accept deposits or take loans from any person including the Settlor on such terms and conditions as they may deem fit.8. Without affecting the generality of the powers, provisions and authorities vested in the Trustees under these presents the Trustees' shall have in addition thereto and not in substitution thereof, the following powers and authorities and they shall be entitled to execute all acts, documents and things necessary, ancilliary or incidental thereto, that is to say :- (a) To open banking accounts of the Trust in any bank or banks of repute in the name of the Trust or in the name of any Trustee or Trustees and such bank account may be operated by any one of the Trustees individually.(b) To borrow monies or raise loans and funds required for any purpose, power or provision either directly or indirectly concerned with the objects of this Trust or incidental to these presents from any bank or other person or concern.(c) To draw, make, accept, endorse, discount, execute or issue promissory notes, bills of exchange and other negotiable instruments.(d) To purchase, take on lease or sub-lease, leave and licence basis, co-operative schemes or any other arrangements or in exchange or hire movable or immovable property including residential flats or commercial units and any rights, benefits or privileges which the trustees may think necessary or convenient.(e) To construct, develop, maintain, erect, fabricate and alter any building, structures, industrial estates, factories and storage tanks or works of any nature whatsoever necessary or convenient or as the Trustees may think fit.(f) To sell, improve, manage, develop, exchange, lease, mortgage, pledge, hypothecate, dispose of or turn to account and deal with all or any part of the Trust Fund and premises hereby settled or any part or parts thereof.(g) To organise agencies or officers or to make any other arrangements necessary for conducting and managing the Trust and to appoint such agents and representatives on their behalf as the Trustees may think fit.(h) To purchase on ownership or take on rent or compensation residential flats, business premises, industrial sheds or factory premises, godowns or open plots of land and let out the same on leave and licence or compensation or warehousing charges or storage charges.(i) To carry on any business or businesses including that of import or export of any commodities, import and export and banking or enter into partnership or joint ventures or other arrangements with any other person, firm, body corporate, society, federation, association of individuals or otherwise howsoever for carrying on any business or businesses, industries or commercial activities for and on behalf of the Trust and to appoint any one or more Trustees to be partners, representatives or nominees or nominee for and on behalf of the Trust to carry out or implement any such arrangements.(j) The Trustes shall be entitled to determine whether any money or property shall for the purpose of this Trust be considered as capital or income and whether expenses, outgoings or loans ought to be paid or borne out of the corpus or income and any such determination of the Trustees shall be conclusive.(k) The Trustees may deposit any documents of title or any other papers or documents or certificates held by them relating to any movable or immovable property or relating to the Trust under these presents with any bank or bankers or any other person, firm, or company whatsoever for safe custody and may pay any such charges payable in respect of such deposits.(l) The Trustees instead of acting personally, may employ and pay any agents, person or representative including any bank or insurance company to transact any business or to do any act whatsoever in relation to the Trusts of these presents including the receipt and payment of moneys without being liable for loss and shall be entitled to be allowed and be paid all charges and expenses incurred hereby.(m) The Trustees may from time to time appoint on such terms with or without remuneration as they may determine any immovable or movable property subject to the provisions of this Trust and the Trustees shall have powers to pay them salary, wages, emoluments, fees and remuneration.(n) In the event of the Trustees doing any business or starting an industry or undertaking either themselves or in partnership with others or as joint venture and their incurring any losses thereby, they will be entitled to be reimbursed out of the Trust all losses incurred as well as all costs, charges and expenses incurred by them in starting or defending any proceedings.(o) The Trustees shall have the power to make investments in movable or immovable property, to give loans on interest or otherwise to purchase shares, debentures and other securities, Government bonds etc and to make any other investments as the Trustees in their sole discretion may deem suitable.8. In the event of the Trustees purchasing an immovable property or properties out of moneys belonging to the Trust it shall be lawful for the Trustees to repair, pull down, or rebuild them or construct any other buildings or structures out of the corpus of the Trust Fund and to give such properties on lease or tenancy or leave and licence or in any other manner on such terms at such rent or rents and upon such conditions as the Trustees may think fit and to make allowance with tenants and others and the Trustees shall also have the power to condone breaches of covenants and to accept surrender of lease or tenancy etc. and generally shall have all powers of management of such immovable property or properties as absolute owners without being responsible for loss or damage that may happen thereby and it shall be lawful for the Trustees at any time to sell such immovable properties or property or part or parts thereof or easements rights or privileges exercised or enjoyed in, over, for upon or under such immovable property or properties and upon any such exchange to give or receive moneys for equality or exchange. 9. The Trustees may make any such sale as aforesaid either by public auction or private contract and may make or agree to any stipulations or provisions as to evidence to title or commencement of title or otherwise to any conditions of sale or contract for sale or exchange and may buy in at any sale by auction and rescind or carry any contract and enter into any new contract for any of the purposes aforesaid without beingresponsible for any loss. The Trustees may execute assurances and give effectual discharge for any such sale or exchange which they may think proper. 10. In the event of any difference between the Trustees concerning the affairs of the Trust, the decision of the majority of the Trustees shall prevail. 11. The Trust being established hereby shall be irrevocable and no part of the Trust Fund shall in any circumstances whatsoever be paid or lent to or be applied for the benefit of the Settlor. If the Trust fails or is held to be invalid for any reasons, there shall be no resulting trust in favour of the Settlor but the assets of the Trust shall be divided amongst the beneficiaries in the proportion mentioned in clause (4) above.12. Any Trustee for the time being hereof may at any time retire from the Trust on giving not less than one month's notice in writing of his intention to do so to the other Trustees for the time being hereof and upon expiry of such notice the Trustee giving such notice shall cease to be a Trustee of these presents. 13. Every one of the Trustees for himself doth hereby agree that in the event of his vacation of the office of the Trustee, he shall do all necessary acts, deeds and things for effectively transferring over unto the name/names of the additional Trustees or Trustee the Trust Fund and all costs attending such transfer shall be borne out of the income of the Trust Funds. 14. It shall be always lawful for the Trustees to appoint any additional Trustees or Trustee of these presents and if the Trustees hereby appointed or any of them or any future Trustee or Trustees hereof shall die or remain abroad for more than 2 years continuously or become bankrupt or insolvent or desire to be discharged or refuse or become unfit or incapable to act or if the Trustees shall be desirous of appointing any additional Trustees or Trustee along with them then in and every such case it shall be lawful for the Trustees or the surviving or continuing Trustees or Trustee for the time being and if there be no surviving or continuing Trustee or the refusing or retiring Trustees or Trustee if unwilling to act and failing them then the heirs, executors or administrators of the last surviving or continuing Trustee/Trustees becoming unfit or incapable to act to appoint a new Trustee or Trustees and upon any such appointment the number of Trustees of these presents shall at no time be less than two nor more than seven and upon every such appointment the Trust property and the Trust Fund thereof shall (if and so far as the nature thereof or the other circumstances so require or admit) be transferred so that the same may be vested in the Trustees or Trustee for the time being and every Trustee so appointed may as well before or after such transfer of the Trust property or funds act and/or assist in the execution of the Trusts and powers of these presents as fully and effectively as if he had been hereby originally constituted as a Trustee hereof. Acceptance in writing by the substituted or additional Trustee or Trustees shall be sufficient to vest the Trust Funds in such Trustees or Trustee. 15. The Trustee will from time to time decide questions arising with respect to the administration of the Trust and may keep a record by way of minutes of work done and resolutions arrived at by them at their meetings convened or by circular. 16. In case any Trustee whether present or future, happens to be a professional person he will be entitled to payment of professional fees for work done by him or by a firm in which he is a partner and he shall not be liable to account for any share of profits received by him from the firm.  17. And it is hereby further agreed and declared that the Trustees for the time being of these presents shall be respectively chargeable only for such Trust Funds and the income including moneys, stocks, funds, shares and securities as they shall respectively actually receive notwithstanding their responsibility and shall be answerable and accountable only for their own acts, receipts, neglects and/or defaults and not for those of the other or others of them nor any banker, broker, auctioneer or agents or any other person or persons into whose hands any Trust Funds or Trust income may be deposited or come nor for lending or any security with less than marketable title nor for the insufficiency or deficiency of any stocks, funds, shares, securities nor any other loss unless the same shall happen through their own wilful defaults or dishonesty respectively and also that the Trustees or Trustee for the time being of these presents may reimburse themselves or himself and pay and discharge out of the Trust Funds and property all expenses incurred in or about the execution of the Trust or powers of these presents. 18. The Trustees shall have power from time to time to make rules and bye-laws relating to their meetings and conduct of the business and otherwise as to the management of the Trust Fund and from time to time carry out, alter or add to such rules or bye-laws provided however that such rules or bye-laws are not inconsistent with the terms of these presents. IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands the day and year first hereinabove written.SIGNED AND DELIVERED by the )withinnamed SETTLOR )Mr.___________ ) in the presence of ) SIGNED AND DELIVERED by the )withinnamed TRUSTEES ) (1)___________________ and )(2) )in the presence of ) Old Age home prospectus This is the model prospectus ---for the old age home.   LOCATION zzzzzzzzz Homes is located in the Fellowship House Complex, situated on the Aluva-Parur Road, between the Union Christian College and the Alwaye Settlement. The Campus spreads over 13 acres of lush green land. There are 62 self care units available in Chacko Homes.   FEATURES   Each unit accommodates a couple or a single widow / widower / bachelor / spinster, who is able to live independently within the comfort and privacy that the Homes offer. In Chacko Homes you are never alone; you do not feel lonely. You live in a community of caring people. Your apartment ideally combines companionship with privacy. If you are married couples, spouses living in Chacko Homes will realize that should anything happen to one of them, the other will be secure and cared for by supportive friends and a trusted staff. No one wishes to be alone - especially at the most difficult time in his/her life. Life in Chacko Homes enlivens your spirits; you will be more active, more enthusiastic about your days, and more excited about the various opportunities that life holds for you at Chacko Homes. You can expect a worry- free life. There is no worrying about a home maintenance, about your personal security and safety, about your food and your health care; you will have no more worries about your becoming dependent and a burden to your family.   FOOD Available from the common kitchen. There is a kitchenette in your apartment. If you need to do something simple, for example, make a cup of coffee or tea, boil or fry an egg, make toast or porridge, your kitchenette will suffice. Elaborate cooking not advisable. The common kitchen will meet all your requirements - beverages, breakfast, lunch and dinner. There is a dining room where the food is served. There are professional cooks who can cater to your taste and needs. ________________________________________ FACILITIES FOR COMMON USE Kitchen & Dining Room, Lobby, Library & Reading Room, Meeting Room, Indoor Games Room, Laundry Room, Doctorís Consultation Room, Guest Accommodation, Park and paved roads for a stroll.   Opportunities for activity There are plenty of opportunities to spend your time usefully. 1.If you like gardening and the upkeep of the landscape, you can be actively involved overseeing the gardenerís work. 2.You can serve on the kitchen committee, helping to draw up a menu and direct the cooks to serve food according to the taste of the residents. 3.If you like to write articles, a magazine called The Church Weekly is there which will publish your articles and on which you can spend plenty of time, editing, proof-reading and the like. 4.If you like to speak and participate in dialogues and discussions, The Fellowship House has ongoing programmes in which you can actively take part. 5.There is a Senior citizensí forum which meets every Wednesday at 5 pm. 6.Physical exercise can be organized on a daily basis. There are some exercises quite suited for the elderly. 7.You can make use of the reading room and the library. 8.Some indoor games- like caroms, cards and table tennis for which facilities are available. 9.If you are interested in small mechanical or electrical repair and maintenance; opportunities to keep yourself engaged are available. 10.If you are interested in book keeping and accounts, you can certainly help in this activity of the Fellowship House. 11.There are institutions like The U.C. College, The Alwaye Settlement, Christava Mahilalayam GirlsíSchool and the YMCAAlangad which welcome voluntary help all the year round. ________________________________________ Page 3 3 12.If you already have a hobby, you can pursue it provided it does not disturb other residents. 13.The Campus has 6-7 acres of Rubber Plantation. If you are interested, you are welcome to assist in its management. 14.There are paved roads on the Campus for you to have a stroll or brisk walk and a small park where you can enjoy nature.   HEALTH CARE A doctor visits the Homes twice a week and is available for consultation. Should a need arise for hospitalization, arrangements are made with 3 hospitals in and around Aluva or the residents can choose their own doctor and hospital. In emergent situations, proper and appropriate steps will be taken, simultaneously informing the nearest kith and kin and the guarantors.   CAR PARK If you own a car and would like to keep it on the campus, we will provide a covered parking area at a nominal charge. You can have a driver too but we do not provide living accommodation for him.   COMMUNICATION Communication facilities are provided in the Homes. You are free to apply for a personal telephone connection in your apartment. We have additional communication facilities like e-mail and internet connection. You can install an air-conditioner, a refrigerator, a TV set, etc. in your apartment if you desire, at your own cost.   LAUNDRY We have laundry rooms equipped with washing machines. An ayah who cleans the apartment will also assist you in washing your clothes.   MOVEMENTS There are no restrictions on your movements. You can move in and move out whenever you wish. If you stay out for more than a day, keep the office informed with your contact address and phone numbers. ________________________________________ Page 4 4 WORSHIPPING PLACES Worshipping places of all religions and denominations are available within walking distance from the Homes. Facilities are available for quiet meditation, common worship, study circles and the like.   STUDIO TYPE UNIT A Studio type unit will be allotted to persons in the waiting list on the basis of priority and need. Each unit consists of a sitting room, a bed room, a mini kitchen and a toilet.   PROCEDURE FOR BOOKING If you like the place you may fill in an application in the prescribed form which is available in the office. An initial payment of Rs.6 lakhs for one self care unit has to be made at the time of taking the apartment. This qualifies the residents to live there in the unit for a period of 10 years after which 50% of the initial payment has to be made for the extended period of stay.   OWNERSHIP The ownership rests with the Alwaye Fellowship House. The residents can stay in the Homes as long as they wish or until death. If residents leave the Homes within 10 years, an amount after deduction @ Rs. 60,000/- per year of stay at the Homes, is refunded to you or to your nominee. There will be no refund after you have completed 10 years of stay.   GUARANTORS Two guarantors shall execute a legal agreement accepting responsibility on behalf of the single or couple residents for proper conduct of the residents within the rules enforced by the management of the Homes and also for the timely payments of all dues to the Homes. They will also decide the type of medical care required by the residents in emergent situations.   WHO CAN APPLY Qualifying age for admission is 60 years and above. In the case of couples, one of them must be 60 or above. ________________________________________ Page 5 5 The applicants should not be suffering from any psychological/ mental inbalances / problems or any contagious diseases. a. All retired persons- single or couple whose children are away either abroad or within the country. b. Persons who prefer independent living. c. Persons for whom loneliness is a serious problem. d. Persons who enjoy company of people and participation in community living.   All applications will be screened by the management committee, and the prospective residents will be required to come over for an orientation with members of the committee.   PERSONNEL LOOKING AFTER THE HOMES 1.Director 2.A receptionist 3.Cashier/Accountant 4.Ayahs 5.Peons 6.Cooks 7.Gardener 8.A watchman   Services will be available round the clock.   MANAGEMENT Chacko Homes is a project of the Alwaye Fellowship House (AFH). The AFH is managed on a day to day basis by the Secretary and Treasurer assisted by a group called the Fellowship. AFH operates under the control of a Council which in turn is elected by the fifty members of the AFH Association. AFH is run on an ecumenical basis. ________________________________________ Page 6 6 1-------------------- 2----------------------- 3---------------------

DECLARATION FOR TRUST Download Word Document In English. (Rs.90/-) Download PDF Document In Marathi. (Rs.75/-) THIS DECLARATION OF TRUST made at this           day of             by Shri             , son of            , by caste    , by occupation            , residing at ____________________(hereinafter referred to as the 'Founder') is as follows:- WHEREAS the donor had dedicated and endowed a sum of Rs. 5,100/- (Rupees Five thousand and one hundred only) and has created a charitable trust for the benefit of the public which is being called as                                  Charitable Trust, subject to the following terms and conditions as set out hereunder:- AND WHEREAS it has now been considered as expedient and desirable to reduce the terms and conditions of the creation of the above said charitable trust in writing:- AND WHEREAS with a view to secure proper and permanent administration of the Trust, it is considered to execute a formal Deed of Trust: NOW THIS DEED WITNESSETH and it is hereby declared as follows:- 1)       The name of the Trust shall be __________________ (hereinafter referred to as the 'Trust').  2)       The above said sum of Rs     shall be the property of the Trust. 3)       The term 'Trust Property' shall mean and include the said sum of Rs. 5,100/-(Rupees five thousand and one hundred only) all additions and accretions hereto, the income thereof and the acquisition therewith in whatever form and all other property which may from time to time vest in, or come from any source to, the Trust. 4)        The Head Office of the Trust shall be situated at ________________________ but the Trustees shall be at liberty to transfer the same to such other place as may be determined by them from time to time. 5)       The objects of the Trust shall include the following:- (a)        (i)   To open, found, construct, establish, takeover, equip, promote, conduct, maintain, support, subsidise, grant aids, to make donations to hospitals, schools, colleges, pathshalas, boarding houses, reading rooms,  libraries, art, music or  literary societies and other institutions, educational or otherwise, associations, printing presses, journals, newspapers, periodicals   and  other  publications   for   imparting   or      developing commercial, industrial, legal, medical engineering, scientific or other knowledge or training. (ii)               To give stipends, scholarships, travelling expenses, allowances and monetary aids to students and scholars in India and abroad; (iii)             To open, found, establish, equip, finance, assist, maintain, or contribute to technical, industrial, or commercial concerns, institutions, associations, or bodies imparting any type of training or providing employment to persons; (iv)             To open, found, conduct, maintain or contribute to the opening and maintaining of such institutions where work at living wages can be provided to poor and deserving people or which are conducive to the benefit of the poor and the development of  industries; (v)               To promote the well-being of humanity by establishing or assisting the formation or aiding of humanitarian institutions and to start, encourage, promote or support institutions and societies to harmonise social and economic interest of the peoples of the world and to unite them in such a manner as may best ensure the attainment of proper shelter, food and clothing by them, as well as ensure peace and happiness of the humanity at large;   (vi)             To open, found, build, equip, takeover, conduct, maintain and grant aids to dispensaries, maternity homes, hospitals, lunatic asylums or any other institutions of the like nature;  (vii)           To found, construct, maintain, support, assist or grant aids or subscriptions to places for cultural, social or other discourses;  (viii)         To erect, construct, establish, takeover, maintain poor houses, dharmasalas, parks, bridges, bathing ghats, cremation grounds etc for the use of the public.  (ix)             To help widows, orphans, lunatics and indigent persons and to give relief to the poor and distressed;  (x)               To give relief, by subscription or otherwise, during famine, flood, earthquake, pestilence or any other calamity;  (xi)             To establish, help or maintain institutions for the cultural, social or economic advancement within the country;   (xii)           To revive, investigate, promote and spread the ancient science of astrology, jyotish and astronomy.  (xiii)         To give donations, subscriptions or contributions to any other charitable Trust;  (xiv)         To subscribe to such other charitable objects as the Trustees may deem proper.  (b)               For the purpose of carrying out the aforesaid object, the Trustees may  (i)                 Purchase, or otherwise acquire any property, rights, leases and concessions etc;  (ii)               Purchase or otherwise acquire, start, establish, equip or close any business, undertaking or industry;  (iii)             Purchase, acquire or undertake the whole or any part of property and liabilities of any person, firm or company;  (iv)             Train persons in any business or industry and grant them stipends, allowances or bonuses as may be determined by the Trustees from time to time;  (v)               Enter into all necessary contracts incidental or conducive to the fulfillment of the aforesaid objects, provided that the income and profits derived from these shall be utilised for the objects and in the manner provided in this Trust Deed.  6.                  The Trust Property shall vest in the Trustees who shall hold, manage, and administer the same in accordance with the terms and conditions set out herein.  7        a)         There shall not be less than three and not more than seven Trustees who shall together constitute the Board of Trustees.  b)         The following persons shall constitute the first Board of Trustees.  The            number of Trustees may further be increased as provided herein:-   1. 2. 3.                        c)       The power to fix the number of Trustees from time to time, to vary the maximum or the minimum number or to appoint new or additional Trustees, to fill up any vacancies, the conditions on which any or these Trustees are appointed, or the manner, if any, in which their successors are to be appointed, shall vest in the Founder. The maximum or minimum number of Trustees fixed by the founder shall not be altered except by him/her.   d)                 The Founder and after him/her, or even in his/her lifetime, if he/she so desires, the Board of Trustees shall in accordance with the terms of this Deed, select, appoint and co-opt one or more Trustees. Such selection, appointment and co-option shall be made by a majority of three-fourth of the number of Trustees and persons so appointed shall hold office and be liable to retirement as herein mentioned. The term 'three-fourths' when it is not a complete integer, shall mean, if the fraction is not less than half, the next higher and when the fraction is below half, the next lower integer.   e)                  The Founder shall hold office as Trustee for his/her lifetime. The other Trustees shall ordinarily hold office for three years, but they shall be eligible for re-appointment after their retirement on the expiry of the term.   Provided that any such Trustee shall also cease to be a Trustee when he is requested in writing by all the other Trustees, without assigning any reason therefore, to vacate his office.                         f)       After the death of the founder, in case the requisite number of Trustees either to fill up the minimum number of Trustees is not appointed by the Board of Trustees due to failure of three-fourth majority, the matter of selection and appointment of a suitable person shall be preferred to the Chief Justice of the Supreme Court of India and the selection and appointment made by him, in accordance with the provisions herein, shall be binding on the then Board of Trustees. In case the said Chief Justice refuses to do so or is not successful in selecting a Trustee, the appointment shall, by appropriate proceedings, be made by the Court  having jurisdiction in the matter.     8.      The Founder shall have the power to nominate any one of the Trustees to be the Chairman of the Board of Trustees for such period as he may determine. After his death, the Board of Trustees may appoint any one of themselves as Chairman for such period as they may determine from time to time.   9.  The Trustees shall carry out the aforesaid objects of the Trust from out of the Trust property and from its income.  10.The Trustees shall have full powers to do everything in or for the furtherance of this Trust or beneficial or conducive thereto, subject to the conditions laid down in this Trust Deed.   11.              The Trustees shall have full power and discretion to acquire, hold, carry on and manage any trade or business or any part thereof,  and to employ the whole or any portion of the Trust property or any funds of the Trust in such trade or business, or in running concerns or managing agencies, or in securities or shares and debentures of public or private limited companies or other investments and realise or vary the same or any branch or portion thereof, as they may deem proper from time to time, provided however, that the income profits and gains thereof shall be utilised and applied only for and on behalf of the Trust as provided herein.   12.              The Trustees shall be entitled to sell all kinds of assets and property of the Trust or any part thereof or exchange the same for equality of exchange.   13.              The Trustees may lease or let out on rent or royalty and land or building or any part thereof belonging to the Trust or acquired or constructed for the purposes of the Trust or any land or building vested in it, or sub-lease or give right to exploit any concessions or licenses on such rent or royalty to any person either from year to year or for a term of years and on such other terms and covenants as they may think fit and the rent or royalty so received shall form part of the income of the Trust and be accordingly.   14.              The receipt of the Trustees for any money payable to the Trust upon any sale or exchange or for any rent reserved upon any such lease as aforesaid or otherwise shall be sufficient discharge for the same to any purchaser, mortgagor, lessee or other person dealing with the Trust and such purchaser, mortgagor, lessee or other person shall not be bound or concerned to see to the application of the said money.  15.              The Trustees may, at any time, if they consider it necessary or beneficial to the Trust, raise or borrow money for the use and benefit of the Trust on any terms, and on any security or otherwise, as they may consider proper.   16.              (a)        The Trustees may accept donations and contributions, as gifts or otherwise from any person, corporation, institution, State or Government of any country or from any other Trust; and all these may be accepted in any form, such as money, bullion, ornaments, machinery, workshops , factories running concerns, stores, raw materials, fabricated goods, finished goods, managing agencies, royalties, rights, licenses, concessions, useful animals and movable or immovable property of all kinds.  Provided, however, that the Trustees may decline to accept any such donations or contributions at their discretion without assigning any reasons therefor.   b)                 Such donations, if accepted by the Trustees, shall be dealt with, as regards their investment and disposal, by the Trustees according to the wishes (if any) of the donor, unless such wishes are in violation of any law or in derogation to the objects of the Trust, and, in absence of any Specific directions by the donor, they shall be dealt with according to the decision of the Trustees.  17.      a)      The Trustees may deposit any money, subject to the terms of this Trust Deed and whether required for the expenses of the Trust or not, in any Bank or in any Joint Stock Co and withdraw the same from time to time as they may decide. They may open accounts with any Bank or banking institution.             b)       No portion of the Trust money shall be lent to, or kept in deposit with, any of the Trustees or any firm in which any of the Trustees may be a partner, nor shall any of the Trustees apply any portion of the Trust property or fund for his own use or benefit either directly or indirectly.   18.              The Trustees shall cause to be kept true and correct, accounts of all assets and liabilities and money received and expenses incurred by them in respect of the Trust, and once in every year such accounts together with a balance sheet shall be examined, audited and certified by such auditor or auditors as may be appointed by the Trustees from time to time on such remuneration or otherwise as they may decide. These annual statements of audited accounts shall be adopted and signed by the Trustees soon after the same are ready as stated herein.   b)                 All the main account books of the Trust shall be kept at the head office of the Trust or at such other places as the Trustees may decide. The branches of the Trust, wherever established, may if desired by the Trustees, maintain separate accounts of their own, which shall be incorporated in the Head Office accounts and when considered proper and convenient but not later than the annual closing.   19. a)   The Trustees are authorised to carry on the administration of the Trust in the manner they may consider best, and for the administration of the Trust, including the purpose or policy thereof, they may frame schemes, rules and regulations and may decide the same from time to time as deemed fit. They may also form committees or sub-committees for the purpose of the administration of the Trust or for management of its properties and business.  20                The Founder may appoint any one or more Trustees as Managing Trustee or Managing Trustees and shall have the power to cancel and vary such appointments.  After the death of the Founder, or earlier at his discretion, this power shall vest in the Board of Trustees. To the Managing Trustee (or Managing Trustees) may be delegated such powers as the Founder or the Board of Trustees respectively, as the case may be, may decide from time to time by executing a power of attorney or otherwise authorising the said Managing Trustee (or Managing Trustees)   to act jointly or severally and with or without power to sub-delegate any of such powers to any other person considered fit by the Managing Trustees for that purpose.   21.             The Trustees may appoint paid or honorary Secretary or Manager and other officers and staff to manage and administer the Trust and to maintain the books of accounts of the Trust as well as to carry out correspondence and all other business on behalf of the Trust, as may be necessary, and pay their remuneration.   22.             The Trustees may, in the conduct of the Trust business, employ agents and other employees and pay them salary or commission as they may, at their discretion, consider necessary, and delegate to or confer upon these agents or employees such authority and power on behalf of the Trust, as the Trustees may deem proper.   23.             The Trustees for the time being shall meet at least once in every calendar year and at a time and place to be decided by them for the purpose of transacting the business of the Trust, and the decision of the majority of the Trustees shall regulate such business, provided always that it shall be open to the Trustees to make rules and regulations relating to such meetings and the conduct of their business.  24.             Any Trustees may call a meeting of the Board of Trustees by giving each Trustee one week's notice or such shorter notice as the Trustees may decide from time to time. No notice of meeting need be sent to a Trustee who is not in India at the time such meeting is held. A notice calling a meeting of the Trustees may be issued by the Secretary or Manager of the Trust   25.             The quorum for a meeting of the Board of Trustees, unless otherwise determined, shall be two. But this shall not effect the power and right of the continuing Trustee to appoint another Trustee to make up the quorum so long as the number is below that.   26.             Any resolution signed by a majority of the Trustees, on circulation to all the Trustees, shall be as good as passed in a meeting of the Board of Trustees.  27.             The decision of the majority in case of difference of opinion amongst the Trustees in any matter shall be final. The chairman of a meeting of the Board of Trustees in a matter of tie will have a casting vote.   28.            The Trustees shall not be entitled to any remuneration, but they may be paid all reasonable travelling and other expenses for attending meetings of the Board of Trustees or in connection with the business of the Trust, provided however, that the Managing Trustee/s may be paid any honorarium for special services to the Trust, as may be unanimously decided upon by the Board of Trustees from time to time.  29.             In the professed execution of the Trust and powers hereof, no Trustee shall be liable for any loss to the Trust property arising by reason of any investment made in good faith or for the negligence or fraud of any agent or employee, employed by him or her or by any other Trustee, although the employment of such agent or employees was not strictly necessary or expedient, or by reason of any strictly necessary or expedient or by reason of any mistake or omission made in good faith by any Trustee, or by reason of any other matter or thing, except willful fraud or wrong act on the part of the Trustee who is sought to be made liable.  30.            The Trustees shall not spend the trust fund outside the country without the prior approval of CBDT and funds of the trust shall be invested as per the provisions of the Income Tax Act 1961.   31.            The aims, objects, purposes, pursuits and other provisions of this Trust Deed have been framed and laid down in accordance with law so that this Trust shall never fail.  But if any time the Trustees find or come to know that any provision herein is invalid or contrary to law, it shall be their duty to cancel, and treat as cancelled, such particular provision so that the other provisions hereof may not be rendered invalid or otherwise affected.  In the interpretation of this Deed words imparting the singular number include where the context admits or requires, the plural number and vice versa.                                                                 (Donor & Trustee) Draft format of Private Trust Deed. Private Trust formation document format. Format of Private Trust Deed is given below. It is not mandatory to register a private Trust with the Registrar. But the registered private trust deed is valid for all legal purposes. Private Trust Deed can be registered with the Sub-Registrar / Registrar in the particular area. ____________TRUST THIS DEED OF TRUST made this ________ day of ________, ____ by __________________, son/wife of _____________________________ residing at ____________________________________________________________, Passport No. _______________ issued from ____________ and valid upto ___________ hereinafter referred to as the Settlor (which expression shall, unless excluded by or repugnant to the subject or context mean and include his heirs, executors, successors, administrators and legal representatives) of the ONE PART, and Shri _______________________, son/wife of ___________________________, resident of ______________________________________________, Passport No. __________________ issued from _______________ and valid upto ______________. and __________________, son/wife of __________________________, residing at ______________________, Passport No. ___________________ issued from ____________ and is valid upto ____________.                        [hereinafter jointly referred to as the Trustees (which expression shall, unless excluded by or repugnant to the subject or context mean and include the Trustee or Trustees for the time being and the successor or successors in office of the Trustees hereunder) ]of the OTHER PART. AND WHEREAS in pursuance of the said desire prior to the execution of  these presents, the Settlor has handed over a sum of Rs.5,000/- by cash to the Trustees (which fact the Trustees do hereby admit and acknowledge); NOW THIS INDENTURE WITNESSETH that in consideration of natural love and affection that the Settlor has for the beneficiaries (named hereinabove) and for diverse other good causes and considerations the Settlor doeth hereby make this declaration of trust and say that he/she has already handed over the said sum of Rs. 5,000/- (Rupees Five Thousand only) by cash to the Trustees, to have and to hold the said sum irrevocably for the use and upon Trust and for the ends, intents and purposes as contained in this Deed. AND WHEREAS at the desire of the parties settlor has now agreed to register the Deed of Trust. AND WHEREAS the settlor has constituted this Trust with the Trustees mentioned hereinabove as the first Trustees;   NOW THIS DEED WITNESSETH AS FOLLOWS: 1.            NAME OF THE TRUST This trust shall be known as the '_______________' [hereinafter referred to as the trust]. 2.            TRUST PROPERTY For effectuating his said desire and for diverse good causes and considerations thereunto the Settlor doth hereby make over, transfer and assign to the trust the aforesaid sum of Rs 5,000/- as Trust Property, to hold the same and all rentals and other incomes generated therefrom and all monies received by way of investments made from the incomes generated thereof, for the time being representing the same together with all additions and accretions thereto and contributions and gifts and all accumulated income thereof and all other properties that may be acquired out of the same or become subject matter of the Trust (hereinafter collectively referred to as the 'Trust Properties') upon Trust to be used only for the objects and purposes hereinafter expressed with the power, provisions and / or upon the terms and conditions hereinafter mentioned concerning the same.  3.            DUTIES OF THE TRUSTEES The Trustees have accepted the said trust properties and agreed to hold the same and investment thereof for the time being representing the same together with all additions and accretions thereto and contributions and gifts and all accumulated income thereof and all other properties that may be acquired out of the same or become subject to the Trust for the objects and purposes hereinafter expressed. 4.            The Trustees shall hold and stand possessed of the Trust properties for the tenure of this trust and during the lifetime of and for the benefit of the Beneficiaries. 5.            BENEFICIARIESThe beneficiaries of this trust shall be: ____________ aged about ___________ years son/daughter of __________________, resident of _______________________; and lineal descendent of ___________________. 6.            TENURE OF THE TRUST The tenure of this Trust shall be for a period of ten years from the date of commencement of this Trust. However the Trustees may put an end to the trust at any time or continue the trust beyond the period of ten years, whichever in their discretion is in the interest of the beneficiaries. 7.            PURPOSES OF THE TRUST During the tenure of this Trust, the Trustees shall as and when necessary from time to time apply whole or part of the corpus and/or income of the Trust at their discretion for the maintenance, education, medical treatment, marriage or for any other use and enjoyment of the said Beneficiaries. Upon the expiry of this trust for whatever reason, the balance of the corpus and/or the income of the trust properties will be distributed by the trustees at their discretion, to the beneficiaries 8.            EXPENSES OF THE TRUST The Trustees shall meet, discharge and pay all outgoings and expenses of and incidental to the administration of the Trust out of the income and profits of the Trust properties and subject thereto shall hold, accumulate and / or apply the income and / or funds of the Trust for the intents and purposes herein declared and expressed of and concerning the Trust properties and funds. 9.            POWER OF TRUSTEES TO ESTABLISH BUSINESS / PARTNERSHIP The Trustees may with the use of the Trust properties and funds for and on behalf and for the benefit of the Trust carry on by themselves or in partnership with others such business in such name or names and in such manner as they in their absolute discretion may think fit and proper and may also close and restart any such business and in the conduct and management of such business the Trustees shall have powers to do all such acts, deeds and things as they may consider necessary and expedient. 10.          The Trustees may nominate any one or more of them to be a partner in such partnership business or the trustees may nominate any one among them to be a director in a company where the Trust may be competent and authorised to appoint or nominate a director on the Board, as hereinabove stated on behalf of the Trust, in such case though ostensibly such nominees may appear in such partnership as a partner in his individual name, the Trustees shall be bound to indemnify such nominee against all losses and liabilities which he / she may incur as a partner or a Director as the case may be, out of the Trust Properties.  The Trustees may meet out of the incomes of the Trust properties such losses as may be incurred in any business whether carried on by the Trust itself or in partnership with others. 11.          EXPENSES INCURRED BY TRUSTEES IN DISCHARGE OF THEIR DUTIES All expenses incurred by the Trustees personally in the discharge of their duties as Trustees shall be deemed to be expenses of the Trust and shall be treated as such for all purposes including the computations for the purposes of paying taxes, if any, by the Trust. 12.          TAXES OF THE TRUST It must be clarified that the taxes, if any, which may have to be paid by the Trust or the Trustees as the case may be shall be provided for and/or paid out of the Trust properties before the same are utilised or in any way expended on the Beneficiaries. 13.          POWERS OF THE TRUSTEESThe Trustees shall also have the following powers and authority. a)            To invest the Trust properties or the income thereof either in the purchase of or construction of immovable property or for taking on lease or licence immovable property and making construction thereon either by the Trust itself or in co-ownership or in co-partnership or in the purchase of movable properties or in shares, debentures, stocks or other securities, in accordance with any law for the time being in force regarding the powers of the Trustees to invest Trust Funds, or in deposit with any individual firm or company including those in which the Trustees or any of them may be directly interested on such terms and conditions with or without any security as the Trustees may think fit and proper. b)            To sell, alter, vary or transpose or otherwise dispose of or alienate the Trust properties or any investment representing the same, and to reinvest the same in any manner as the Trustee may, in their discretion, think fit and proper. c)            To pay all charges, impositions and other outgoings payable in respect of the Trust properties or any property comprised in the Trust and also to pay all costs of and incidental to the administration and management of the Trust properties for the time being. d)            To let out or demise any immovable property that may be comprised in the Trust properties on such terms and conditions as the Trustees may, in their discretion, think fit and proper. e)            To sell, dispose of or otherwise transfer any immovable property which may be comprised in the Trust and to invest the sale proceeds thereof in any investment as the Trustees may in their discretion think fit and proper. f)          To raise or borrow moneys required for the purpose of the said Trust with or without security or mortgage, hypothecation, charge or pledge of the Trust properties or any part thereof and at such rate of interest and on such terms and conditions as the Trustees may in their discretion think fit and proper. g)            To compromise, compound and refer to arbitration all actions, suits, proceedings and disputes touching and concerning the Trust properties or any of them. h)         To accept any gift or contribution in cash or in kind and of any property movable or immovable from any person for the objects and purposes of the Trust. i)          To receive realise and / or accept any money or other property or asset for and on behalf of the Trust and to hold the same in such form or manner as the Trustees may think fit and proper. j)          To appoint constituted attorneys or agents and to delegate to such attorney or agent/s all or any of the powers vested in them under these presents. k)         To appoint a Secretary, Clerk or Clerks or other employees to look after and manage the Trust properties or business or affairs and to allot to such Secretary, Clerk or Clerks or other employee on such terms and conditions, such duties as the Trustees may, in their discretion, think fit and proper. 14.          Without prejudice to the above and in addition thereto the Trustees shall have all such powers as may be necessary for carrying out the objects of the Trust and for performing their duties and functions under the Trust including the power to amend any of the provisions of this trust, however the trustees shall not have the power to amend, in any way, the list of beneficiaries as contained in para 5 of this Deed. 15.          Any one of the Trustees shall be entitled to open and operate savings, current, cash credit, fixed deposit or any other account with any Bank/s and shall be entitled to deposit all sums that may be received on account of and for the Trust hereof whether as gifts, contribution, interest, dividend or income or otherwise and make withdrawals therefrom and to give instructions to the Bank for transfer and / or re-transfer of any amount and /or interest from one account to the other and vice-versa. 16.          Any Trustee can, with the approval of the other Trustees, nominate or appoint Constituted Attorneys or Agents and to delegate to such Constituted Attorney or Agent all such duties and/or powers as may be necessary to implement and carry out and/or to execute documents in accordance with the decision of the Trustees and from time to time remove such attorney or agent and re-appoint other or others in his or their place. 17.          DELEGATION OF POWERS OF TRUSTEES Any Trustee may delegate in writing all or any of his/her powers and authorities to his/her other Co-Trustees who will be entitled to exercise such power or powers in the same manner as the Trustee himself or herself could have personally done. 18.          The Trustees may, by a resolution direct that any act, deed or thing required to be done or executed by them may be done or executed by any one or more of them and in such cases any act, deed or thing done or executed in pursuance of such resolution shall be valid and effectual as if it had been done or executed by all the Trustees.  Such delegation of authority may be general or special. 19.          The Trustees shall be at liberty to employ or engage solicitors, Advocates, Banker or any other agents as they, in their discretion, may think fit and proper in connection with any matter relating to the Trust or its affairs thereof and shall be entitled to pay all charges and expenses therefore out of the said Trust properties. 20.          A Trustee shall not be responsible or answerable for any loss or any act of omission or commission by any constituted attorney or agent or employee or other co-Trustee or Trustees unless occasioned by his / her willful neglect or default. 21.          ACCOUNTS OF THE TRUST The Trustees shall cause true and correct accounts to be kept of all moneys received and spent and of all matters in respect thereof in the course of management of the Trust or in relation to the carrying out of the objects and purposes of the Trust as well as of all the assets credits and effects of the Trust properties and funds.  Such accounts shall be closed on 31st day of March every year or such other date as the Trustees in their discretion may decide. 22.          DECISIONS BY TRUSTEES It will be the endeavor of the trustees to take all decisions unanimously however, In the case of any difference of opinion amongst the Trustees, in case there is more than one Trustee, the opinion of the majority shall prevail. 23.          RESIGNATION OF TRUSTEES Any of the Trustees may resign from the office of Trustee on giving one month's notice, in writing, to the other Trustee or Trustees. 24.          APPOINTMENT OF TRUSTEES The Trustees shall have the right to appoint one or more Trustee or Trustees. Notwithstanding anything contained in clause 22 hereinabove, a new Trustee shall  be appointed to the Trust only with the express consent of all the surviving Trustees. 25.          DEATH OR RESIGNATION OF TRUSTEES If any Trustee dies or resigns or becomes incapable or unfit to act, the continuing or surviving Trustee or Trustees shall be entitled to appoint a successor in place of the Trustee(s) dying or retiring or becoming incapable or unfit to act. 26.          Upon the appointment of a new Trustee or Trustees, the Trust properties shall vest in the new Trustee or Trustees jointly with the continuing or surviving Trustees with the powers, provisions and subject to the Trust hereby created. 27.          EMERGENCY POWERS Notwithstanding anything contained in this Deed, in the event of any of the  beneficiaries, requiring money in an emergency, the Trustees may in their discretion, distribute any portion of the Trust Property to the Beneficiaries, to meet any such emergencies.             IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above - written. SIGNED AND DELIVERED by the Settlor at ______ in the presence of                                                                                                                                                              sd/- 1.   2.

Draft format of Private Trust Deed. Private Trust formation document format. Format of Private Trust Deed is given below. It is not mandatory to register a private Trust with the Registrar. But the registered private trust deed is valid for all legal purposes. Private Trust Deed can be registered with the Sub-Registrar / Registrar in the particular area. Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.35/-) ____________TRUST THIS DEED OF TRUST made this ________ day of ________, ____ by __________________, son/wife of _____________________________ residing at ____________________________________________________________, Passport No. _______________ issued from ____________ and valid upto ___________ hereinafter referred to as the Settlor (which expression shall, unless excluded by or repugnant to the subject or context mean and include his heirs, executors, successors, administrators and legal representatives) of the ONE PART, and Shri _______________________, son/wife of ___________________________, resident of ______________________________________________, Passport No. __________________ issued from _______________ and valid upto ______________. and __________________, son/wife of __________________________, residing at ______________________, Passport No. ___________________ issued from ____________ and is valid upto ____________.                        [hereinafter jointly referred to as the Trustees (which expression shall, unless excluded by or repugnant to the subject or context mean and include the Trustee or Trustees for the time being and the successor or successors in office of the Trustees hereunder) ]of the OTHER PART. AND WHEREAS in pursuance of the said desire prior to the execution of  these presents, the Settlor has handed over a sum of Rs.5,000/- by cash to the Trustees (which fact the Trustees do hereby admit and acknowledge); NOW THIS INDENTURE WITNESSETH that in consideration of natural love and affection that the Settlor has for the beneficiaries (named hereinabove) and for diverse other good causes and considerations the Settlor doeth hereby make this declaration of trust and say that he/she has already handed over the said sum of Rs. 5,000/- (Rupees Five Thousand only) by cash to the Trustees, to have and to hold the said sum irrevocably for the use and upon Trust and for the ends, intents and purposes as contained in this Deed. AND WHEREAS at the desire of the parties settlor has now agreed to register the Deed of Trust. AND WHEREAS the settlor has constituted this Trust with the Trustees mentioned hereinabove as the first Trustees;   NOW THIS DEED WITNESSETH AS FOLLOWS: 1.            NAME OF THE TRUST This trust shall be known as the '_______________' [hereinafter referred to as the trust]. 2.            TRUST PROPERTY For effectuating his said desire and for diverse good causes and considerations thereunto the Settlor doth hereby make over, transfer and assign to the trust the aforesaid sum of Rs 5,000/- as Trust Property, to hold the same and all rentals and other incomes generated therefrom and all monies received by way of investments made from the incomes generated thereof, for the time being representing the same together with all additions and accretions thereto and contributions and gifts and all accumulated income thereof and all other properties that may be acquired out of the same or become subject matter of the Trust (hereinafter collectively referred to as the 'Trust Properties') upon Trust to be used only for the objects and purposes hereinafter expressed with the power, provisions and / or upon the terms and conditions hereinafter mentioned concerning the same.  3.            DUTIES OF THE TRUSTEES The Trustees have accepted the said trust properties and agreed to hold the same and investment thereof for the time being representing the same together with all additions and accretions thereto and contributions and gifts and all accumulated income thereof and all other properties that may be acquired out of the same or become subject to the Trust for the objects and purposes hereinafter expressed. 4.            The Trustees shall hold and stand possessed of the Trust properties for the tenure of this trust and during the lifetime of and for the benefit of the Beneficiaries. 5.            BENEFICIARIESThe beneficiaries of this trust shall be: ____________ aged about ___________ years son/daughter of __________________, resident of _______________________; and lineal descendent of ___________________. 6.            TENURE OF THE TRUST The tenure of this Trust shall be for a period of ten years from the date of commencement of this Trust. However the Trustees may put an end to the trust at any time or continue the trust beyond the period of ten years, whichever in their discretion is in the interest of the beneficiaries. 7.            PURPOSES OF THE TRUST During the tenure of this Trust, the Trustees shall as and when necessary from time to time apply whole or part of the corpus and/or income of the Trust at their discretion for the maintenance, education, medical treatment, marriage or for any other use and enjoyment of the said Beneficiaries. Upon the expiry of this trust for whatever reason, the balance of the corpus and/or the income of the trust properties will be distributed by the trustees at their discretion, to the beneficiaries 8.            EXPENSES OF THE TRUST The Trustees shall meet, discharge and pay all outgoings and expenses of and incidental to the administration of the Trust out of the income and profits of the Trust properties and subject thereto shall hold, accumulate and / or apply the income and / or funds of the Trust for the intents and purposes herein declared and expressed of and concerning the Trust properties and funds. 9.            POWER OF TRUSTEES TO ESTABLISH BUSINESS / PARTNERSHIP The Trustees may with the use of the Trust properties and funds for and on behalf and for the benefit of the Trust carry on by themselves or in partnership with others such business in such name or names and in such manner as they in their absolute discretion may think fit and proper and may also close and restart any such business and in the conduct and management of such business the Trustees shall have powers to do all such acts, deeds and things as they may consider necessary and expedient. 10.          The Trustees may nominate any one or more of them to be a partner in such partnership business or the trustees may nominate any one among them to be a director in a company where the Trust may be competent and authorised to appoint or nominate a director on the Board, as hereinabove stated on behalf of the Trust, in such case though ostensibly such nominees may appear in such partnership as a partner in his individual name, the Trustees shall be bound to indemnify such nominee against all losses and liabilities which he / she may incur as a partner or a Director as the case may be, out of the Trust Properties.  The Trustees may meet out of the incomes of the Trust properties such losses as may be incurred in any business whether carried on by the Trust itself or in partnership with others. 11.          EXPENSES INCURRED BY TRUSTEES IN DISCHARGE OF THEIR DUTIES All expenses incurred by the Trustees personally in the discharge of their duties as Trustees shall be deemed to be expenses of the Trust and shall be treated as such for all purposes including the computations for the purposes of paying taxes, if any, by the Trust. 12.          TAXES OF THE TRUST It must be clarified that the taxes, if any, which may have to be paid by the Trust or the Trustees as the case may be shall be provided for and/or paid out of the Trust properties before the same are utilised or in any way expended on the Beneficiaries. 13.          POWERS OF THE TRUSTEESThe Trustees shall also have the following powers and authority. a)            To invest the Trust properties or the income thereof either in the purchase of or construction of immovable property or for taking on lease or licence immovable property and making construction thereon either by the Trust itself or in co-ownership or in co-partnership or in the purchase of movable properties or in shares, debentures, stocks or other securities, in accordance with any law for the time being in force regarding the powers of the Trustees to invest Trust Funds, or in deposit with any individual firm or company including those in which the Trustees or any of them may be directly interested on such terms and conditions with or without any security as the Trustees may think fit and proper. b)            To sell, alter, vary or transpose or otherwise dispose of or alienate the Trust properties or any investment representing the same, and to reinvest the same in any manner as the Trustee may, in their discretion, think fit and proper. c)            To pay all charges, impositions and other outgoings payable in respect of the Trust properties or any property comprised in the Trust and also to pay all costs of and incidental to the administration and management of the Trust properties for the time being. d)            To let out or demise any immovable property that may be comprised in the Trust properties on such terms and conditions as the Trustees may, in their discretion, think fit and proper. e)            To sell, dispose of or otherwise transfer any immovable property which may be comprised in the Trust and to invest the sale proceeds thereof in any investment as the Trustees may in their discretion think fit and proper. f)          To raise or borrow moneys required for the purpose of the said Trust with or without security or mortgage, hypothecation, charge or pledge of the Trust properties or any part thereof and at such rate of interest and on such terms and conditions as the Trustees may in their discretion think fit and proper. g)            To compromise, compound and refer to arbitration all actions, suits, proceedings and disputes touching and concerning the Trust properties or any of them. h)         To accept any gift or contribution in cash or in kind and of any property movable or immovable from any person for the objects and purposes of the Trust. i)          To receive realise and / or accept any money or other property or asset for and on behalf of the Trust and to hold the same in such form or manner as the Trustees may think fit and proper. j)          To appoint constituted attorneys or agents and to delegate to such attorney or agent/s all or any of the powers vested in them under these presents. k)         To appoint a Secretary, Clerk or Clerks or other employees to look after and manage the Trust properties or business or affairs and to allot to such Secretary, Clerk or Clerks or other employee on such terms and conditions, such duties as the Trustees may, in their discretion, think fit and proper. 14.          Without prejudice to the above and in addition thereto the Trustees shall have all such powers as may be necessary for carrying out the objects of the Trust and for performing their duties and functions under the Trust including the power to amend any of the provisions of this trust, however the trustees shall not have the power to amend, in any way, the list of beneficiaries as contained in para 5 of this Deed. 15.          Any one of the Trustees shall be entitled to open and operate savings, current, cash credit, fixed deposit or any other account with any Bank/s and shall be entitled to deposit all sums that may be received on account of and for the Trust hereof whether as gifts, contribution, interest, dividend or income or otherwise and make withdrawals therefrom and to give instructions to the Bank for transfer and / or re-transfer of any amount and /or interest from one account to the other and vice-versa. 16.          Any Trustee can, with the approval of the other Trustees, nominate or appoint Constituted Attorneys or Agents and to delegate to such Constituted Attorney or Agent all such duties and/or powers as may be necessary to implement and carry out and/or to execute documents in accordance with the decision of the Trustees and from time to time remove such attorney or agent and re-appoint other or others in his or their place. 17.          DELEGATION OF POWERS OF TRUSTEES Any Trustee may delegate in writing all or any of his/her powers and authorities to his/her other Co-Trustees who will be entitled to exercise such power or powers in the same manner as the Trustee himself or herself could have personally done. 18.          The Trustees may, by a resolution direct that any act, deed or thing required to be done or executed by them may be done or executed by any one or more of them and in such cases any act, deed or thing done or executed in pursuance of such resolution shall be valid and effectual as if it had been done or executed by all the Trustees.  Such delegation of authority may be general or special. 19.          The Trustees shall be at liberty to employ or engage solicitors, Advocates, Banker or any other agents as they, in their discretion, may think fit and proper in connection with any matter relating to the Trust or its affairs thereof and shall be entitled to pay all charges and expenses therefore out of the said Trust properties. 20.          A Trustee shall not be responsible or answerable for any loss or any act of omission or commission by any constituted attorney or agent or employee or other co-Trustee or Trustees unless occasioned by his / her willful neglect or default. 21.          ACCOUNTS OF THE TRUST The Trustees shall cause true and correct accounts to be kept of all moneys received and spent and of all matters in respect thereof in the course of management of the Trust or in relation to the carrying out of the objects and purposes of the Trust as well as of all the assets credits and effects of the Trust properties and funds.  Such accounts shall be closed on 31st day of March every year or such other date as the Trustees in their discretion may decide. 22.          DECISIONS BY TRUSTEES It will be the endeavor of the trustees to take all decisions unanimously however, In the case of any difference of opinion amongst the Trustees, in case there is more than one Trustee, the opinion of the majority shall prevail. 23.          RESIGNATION OF TRUSTEES Any of the Trustees may resign from the office of Trustee on giving one month's notice, in writing, to the other Trustee or Trustees. 24.          APPOINTMENT OF TRUSTEES The Trustees shall have the right to appoint one or more Trustee or Trustees. Notwithstanding anything contained in clause 22 hereinabove, a new Trustee shall  be appointed to the Trust only with the express consent of all the surviving Trustees. 25.          DEATH OR RESIGNATION OF TRUSTEES If any Trustee dies or resigns or becomes incapable or unfit to act, the continuing or surviving Trustee or Trustees shall be entitled to appoint a successor in place of the Trustee(s) dying or retiring or becoming incapable or unfit to act. 26.          Upon the appointment of a new Trustee or Trustees, the Trust properties shall vest in the new Trustee or Trustees jointly with the continuing or surviving Trustees with the powers, provisions and subject to the Trust hereby created. 27.          EMERGENCY POWERS Notwithstanding anything contained in this Deed, in the event of any of the  beneficiaries, requiring money in an emergency, the Trustees may in their discretion, distribute any portion of the Trust Property to the Beneficiaries, to meet any such emergencies.             IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above - written. SIGNED AND DELIVERED by the Settlor at ______ in the presence of                                                                                                                                                              sd/- 1.   2.

Draft format of Charitable Trust Deed. Charitable Trust formation document format Format of Charitable Trust Deed is given below. The Trust Deed should be registered with the Sub-Registrar / Registrar in the particular area. DECLARATION FOR TRUST Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.45/-) (                                                           TRUST) THIS DECLARATION OF TRUST made at------------- this           day of             by Shri             , son of            , by caste    , by occupation            , residing at ____________________(hereinafter referred to as the 'Founder') is as follows:- WHEREAS the donor had dedicated and endowed a sum of Rs. 5,100/- (Rupees Five thousand and one hundred only) and has created a charitable trust for the benefit of the public which is being called as                                  Charitable Trust, subject to the following terms and conditions as set out hereunder:- AND WHEREAS it has now been considered as expedient and desirable to reduce the terms and conditions of the creation of the above said charitable trust in writing:- AND WHEREAS with a view to secure proper and permanent administration of the Trust, it is considered to execute a formal Deed of Trust: NOW THIS DEED WITNESSETH and it is hereby declared as follows:- 1)       The name of the Trust shall be __________________ (hereinafter referred to as the 'Trust').  2)       The above said sum of Rs. 5,100/-(Rupees Five Thousand & One Hundred only) shall be the property of the Trust. 3)       The term 'Trust Property' shall mean and include the said sum of Rs. 5,100/-(Rupees five thousand and one hundred only) all additions and accretions hereto, the income thereof and the acquisition therewith in whatever form and all other property which may from time to time vest in, or come from any source to, the Trust. 4)        The Head Office of the Trust shall be situated at ________________________ but the Trustees shall be at liberty to transfer the same to such other place as may be determined by them from time to time. 5)       The objects of the Trust shall include the following:- (a)        (i)   To open, found, construct, establish, takeover, equip, promote, conduct, maintain, support, subsidise, grant aids, to make donations to hospitals, schools, colleges, pathshalas, boarding houses, reading rooms,  libraries, art, music or  literary societies and other institutions, educational or otherwise, associations, printing presses, journals, newspapers, periodicals   and  other  publications   for   imparting   or      developing commercial, industrial, legal, medical engineering, scientific or other knowledge or training. (ii)               To give stipends, scholarships, travelling expenses, allowances and monetary aids to students and scholars in India and abroad; (iii)             To open, found, establish, equip, finance, assist, maintain, or contribute to technical, industrial, or commercial concerns, institutions, associations, or bodies imparting any type of training or providing employment to persons; (iv)             To open, found, conduct, maintain or contribute to the opening and maintaining of such institutions where work at living wages can be provided to poor and deserving people or which are conducive to the benefit of the poor and the development of  industries; (v)               To promote the well-being of humanity by establishing or assisting the formation or aiding of humanitarian institutions and to start, encourage, promote or support institutions and societies to harmonise social and economic interest of the peoples of the world and to unite them in such a manner as may best ensure the attainment of proper shelter, food and clothing by them, as well as ensure peace and happiness of the humanity at large;   (vi)             To open, found, build, equip, takeover, conduct, maintain and grant aids to dispensaries, maternity homes, hospitals, lunatic asylums or any other institutions of the like nature;  (vii)           To found, construct, maintain, support, assist or grant aids or subscriptions to places for cultural, social or other discourses;  (viii)         To erect, construct, establish, takeover, maintain poor houses, dharmasalas, parks, bridges, bathing ghats, cremation grounds etc for the use of the public.  (ix)             To help widows, orphans, lunatics and indigent persons and to give relief to the poor and distressed;  (x)               To give relief, by subscription or otherwise, during famine, flood, earthquake, pestilence or any other calamity;  (xi)             To establish, help or maintain institutions for the cultural, social or economic advancement within the country;   (xii)           To revive, investigate, promote and spread the ancient science of astrology, jyotish and astronomy.  (xiii)         To give donations, subscriptions or contributions to any other charitable Trust;  (xiv)         To subscribe to such other charitable objects as the Trustees may deem proper.  (b)               For the purpose of carrying out the aforesaid object, the Trustees may  (i)                 Purchase, or otherwise acquire any property, rights, leases and concessions etc;  (ii)               Purchase or otherwise acquire, start, establish, equip or close any business, undertaking or industry;  (iii)             Purchase, acquire or undertake the whole or any part of property and liabilities of any person, firm or company;  (iv)             Train persons in any business or industry and grant them stipends, allowances or bonuses as may be determined by the Trustees from time to time;  (v)               Enter into all necessary contracts incidental or conducive to the fulfillment of the aforesaid objects, provided that the income and profits derived from these shall be utilised for the objects and in the manner provided in this Trust Deed.  6.                  The Trust Property shall vest in the Trustees who shall hold, manage, and administer the same in accordance with the terms and conditions set out herein.  7        a)         There shall not be less than three and not more than seven Trustees who shall together constitute the Board of Trustees.  b)         The following persons shall constitute the first Board of Trustees.  The            number of Trustees may further be increased as provided herein:-   1. 2. 3.                        c)       The power to fix the number of Trustees from time to time, to vary the maximum or the minimum number or to appoint new or additional Trustees, to fill up any vacancies, the conditions on which any or these Trustees are appointed, or the manner, if any, in which their successors are to be appointed, shall vest in the Founder. The maximum or minimum number of Trustees fixed by the founder shall not be altered except by him/her.   d)                 The Founder and after him/her, or even in his/her lifetime, if he/she so desires, the Board of Trustees shall in accordance with the terms of this Deed, select, appoint and co-opt one or more Trustees. Such selection, appointment and co-option shall be made by a majority of three-fourth of the number of Trustees and persons so appointed shall hold office and be liable to retirement as herein mentioned. The term 'three-fourths' when it is not a complete integer, shall mean, if the fraction is not less than half, the next higher and when the fraction is below half, the next lower integer.   e)                  The Founder shall hold office as Trustee for his/her lifetime. The other Trustees shall ordinarily hold office for three years, but they shall be eligible for re-appointment after their retirement on the expiry of the term.   Provided that any such Trustee shall also cease to be a Trustee when he is requested in writing by all the other Trustees, without assigning any reason therefore, to vacate his office.                         f)       After the death of the founder, in case the requisite number of Trustees either to fill up the minimum number of Trustees is not appointed by the Board of Trustees due to failure of three-fourth majority, the matter of selection and appointment of a suitable person shall be preferred to the Chief Justice of the Supreme Court of India and the selection and appointment made by him, in accordance with the provisions herein, shall be binding on the then Board of Trustees. In case the said Chief Justice refuses to do so or is not successful in selecting a Trustee, the appointment shall, by appropriate proceedings, be made by the Court  having jurisdiction in the matter.     8.      The Founder shall have the power to nominate any one of the Trustees to be the Chairman of the Board of Trustees for such period as he may determine. After his death, the Board of Trustees may appoint any one of themselves as Chairman for such period as they may determine from time to time.   9.                  The Trustees shall carry out the aforesaid objects of the Trust from out of the Trust property and from its income.      10.              The Trustees shall have full powers to do everything in or for the furtherance of this Trust or beneficial or conducive thereto, subject to the conditions laid down in this Trust Deed.   11.              The Trustees shall have full power and discretion to acquire, hold, carry on and manage any trade or business or any part thereof,  and to employ the whole or any portion of the Trust property or any funds of the Trust in such trade or business, or in running concerns or managing agencies, or in securities or shares and debentures of public or private limited companies or other investments and realise or vary the same or any branch or portion thereof, as they may deem proper from time to time, provided however, that the income profits and gains thereof shall be utilised and applied only for and on behalf of the Trust as provided herein.   12.              The Trustees shall be entitled to sell all kinds of assets and property of the Trust or any part thereof or exchange the same for equality of exchange.   13.              The Trustees may lease or let out on rent or royalty and land or building or any part thereof belonging to the Trust or acquired or constructed for the purposes of the Trust or any land or building vested in it, or sub-lease or give right to exploit any concessions or licenses on such rent or royalty to any person either from year to year or for a term of years and on such other terms and covenants as they may think fit and the rent or royalty so received shall form part of the income of the Trust and be accordingly.   14.              The receipt of the Trustees for any money payable to the Trust upon any sale or exchange or for any rent reserved upon any such lease as aforesaid or otherwise shall be sufficient discharge for the same to any purchaser, mortgagor, lessee or other person dealing with the Trust and such purchaser, mortgagor, lessee or other person shall not be bound or concerned to see to the application of the said money.  15.              The Trustees may, at any time, if they consider it necessary or beneficial to the Trust, raise or borrow money for the use and benefit of the Trust on any terms, and on any security or otherwise, as they may consider proper.   16.              (a)        The Trustees may accept donations and contributions, as gifts or otherwise from any person, corporation, institution, State or Government of any country or from any other Trust; and all these may be accepted in any form, such as money, bullion, ornaments, machinery, workshops , factories running concerns, stores, raw materials, fabricated goods, finished goods, managing agencies, royalties, rights, licenses, concessions, useful animals and movable or immovable property of all kinds.  Provided, however, that the Trustees may decline to accept any such donations or contributions at their discretion without assigning any reasons therefor.   b)                 Such donations, if accepted by the Trustees, shall be dealt with, as regards their investment and disposal, by the Trustees according to the wishes (if any) of the donor, unless such wishes are in violation of any law or in derogation to the objects of the Trust, and, in absence of any Specific directions by the donor, they shall be dealt with according to the decision of the Trustees.  17.      a)      The Trustees may deposit any money, subject to the terms of this Trust Deed and whether required for the expenses of the Trust or not, in any Bank or in any Joint Stock Co and withdraw the same from time to time as they may decide. They may open accounts with any Bank or banking institution.             b)       No portion of the Trust money shall be lent to, or kept in deposit with, any of the Trustees or any firm in which any of the Trustees may be a partner, nor shall any of the Trustees apply any portion of the Trust property or fund for his own use or benefit either directly or indirectly.   18.              The Trustees shall cause to be kept true and correct, accounts of all assets and liabilities and money received and expenses incurred by them in respect of the Trust, and once in every year such accounts together with a balance sheet shall be examined, audited and certified by such auditor or auditors as may be appointed by the Trustees from time to time on such remuneration or otherwise as they may decide. These annual statements of audited accounts shall be adopted and signed by the Trustees soon after the same are ready as stated herein.   b)                 All the main account books of the Trust shall be kept at the head office of the Trust or at such other places as the Trustees may decide. The branches of the Trust, wherever established, may if desired by the Trustees, maintain separate accounts of their own, which shall be incorporated in the Head Office accounts and when considered proper and convenient but not later than the annual closing.   19. a)   The Trustees are authorised to carry on the administration of the Trust in the manner they may consider best, and for the administration of the Trust, including the purpose or policy thereof, they may frame schemes, rules and regulations and may decide the same from time to time as deemed fit. They may also form committees or sub-committees for the purpose of the administration of the Trust or for management of its properties and business.  20                The Founder may appoint any one or more Trustees as Managing Trustee or Managing Trustees and shall have the power to cancel and vary such appointments.  After the death of the Founder, or earlier at his discretion, this power shall vest in the Board of Trustees. To the Managing Trustee (or Managing Trustees) may be delegated such powers as the Founder or the Board of Trustees respectively, as the case may be, may decide from time to time by executing a power of attorney or otherwise authorising the said Managing Trustee (or Managing Trustees)   to act jointly or severally and with or without power to sub-delegate any of such powers to any other person considered fit by the Managing Trustees for that purpose.   21.             The Trustees may appoint paid or honorary Secretary or Manager and other officers and staff to manage and administer the Trust and to maintain the books of accounts of the Trust as well as to carry out correspondence and all other business on behalf of the Trust, as may be necessary, and pay their remuneration.   22.             The Trustees may, in the conduct of the Trust business, employ agents and other employees and pay them salary or commission as they may, at their discretion, consider necessary, and delegate to or confer upon these agents or employees such authority and power on behalf of the Trust, as the Trustees may deem proper.   23.             The Trustees for the time being shall meet at least once in every calendar year and at a time and place to be decided by them for the purpose of transacting the business of the Trust, and the decision of the majority of the Trustees shall regulate such business, provided always that it shall be open to the Trustees to make rules and regulations relating to such meetings and the conduct of their business.  24.             Any Trustees may call a meeting of the Board of Trustees by giving each Trustee one week's notice or such shorter notice as the Trustees may decide from time to time. No notice of meeting need be sent to a Trustee who is not in India at the time such meeting is held. A notice calling a meeting of the Trustees may be issued by the Secretary or Manager of the Trust   25.             The quorum for a meeting of the Board of Trustees, unless otherwise determined, shall be two. But this shall not effect the power and right of the continuing Trustee to appoint another Trustee to make up the quorum so long as the number is below that.     26.             Any resolution signed by a majority of the Trustees, on circulation to all the Trustees, shall be as good as passed in a meeting of the Board of Trustees.  27.             The decision of the majority in case of difference of opinion amongst the Trustees in any matter shall be final. The chairman of a meeting of the Board of Trustees in a matter of tie will have a casting vote.   28.            The Trustees shall not be entitled to any remuneration, but they may be paid all reasonable travelling and other expenses for attending meetings of the Board of Trustees or in connection with the business of the Trust, provided however, that the Managing Trustee/s may be paid any honorarium for special services to the Trust, as may be unanimously decided upon by the Board of Trustees from time to time.  29.             In the professed execution of the Trust and powers hereof, no Trustee shall be liable for any loss to the Trust property arising by reason of any investment made in good faith or for the negligence or fraud of any agent or employee, employed by him or her or by any other Trustee, although the employment of such agent or employees was not strictly necessary or expedient, or by reason of any strictly necessary or expedient or by reason of any mistake or omission made in good faith by any Trustee, or by reason of any other matter or thing, except willful fraud or wrong act on the part of the Trustee who is sought to be made liable.  30.            The Trustees shall not spend the trust fund outside the country without the prior approval of CBDT and funds of the trust shall be invested as per the provisions of the Income Tax Act 1961.   31.            The aims, objects, purposes, pursuits and other provisions of this Trust Deed have been framed and laid down in accordance with law so that this Trust shall never fail.  But if any time the Trustees find or come to know that any provision herein is invalid or contrary to law, it shall be their duty to cancel, and treat as cancelled, such particular provision so that the other provisions hereof may not be rendered invalid or otherwise affected.  In the interpretation of this Deed words imparting the singular number include where the context admits or requires, the plural number and vice versa.                                                                 (Donor & Trustee)

Charitable Trust Deed Format Download Word Document In English. (Rs.45/-) Download PDF Document In Marathi. (Rs.40/) This Trust Deed is made and executed at ——————,  on this ————-,  between  Mr. ——————–,  hereinafter called the SETTLER/CHAIRMAN.ANDMr.————-, hereinafter called the TRUSTEE (Managing Trusty). The expression ‘The Settler/Chairman’ The Trustees ‘shall unless excluded by the repugnant to the subject or context, be deemed to include their legal heirs, successors, legal representatives, Administrators and assigns. WHEREAS The said Settler /Chairman is desirous of creating and forming of an endowment by setting apart and establishing a fund for the General Public, religious and charitable objects and purpose in India and abroad , hereinafter expressed and the above mentioned all trustees have at the request of the said settler/chairman agreed to act as trustees of the said trust. AND WHEREAS, In order to effectuate the said object of forming, creating and establishing a public charitable Trust the said Settler has delivered and made over to the Trustees a sum of Rs——————- with intent to part with all rights, title and interest claim therein and vest the same in the Trustees to have and hold the same and investment or investment for the time being representing the same and also the aforesaid trustees herein were cherishing the laudable idea of funding a trust for charitable purpose and in the pursuance of the above objects and uses hereinafter expressed with the powers, and on the terms and conditions and provision contained of and concerning the same :- NOW THIS DEED OF PUBLIC CHARITABLE TRUST WITNESSETH AS UNDER: The main features and shape of the Present establishing Trust shall be as under :- NAME OF THE TRUST: The name of the Trust shall be ———–HEAD OFFICE—————- The head office of the said trust shall be situated at ———- TRUST DEED: The amount contributed by the founder/settler & Trustees shall and will stand possessed the same upon the trust and also the trustees may from time to time receive for augmenting the trust funds as donations, gifts, interests, loans to capital deposit amount of Rs.10,000/-(Rupees ten thousand only)etc. for the General public and General Purpose of the trust fund of the trust arising from the subscriptions, donations, grants, or otherwise from any sources and also of any investment etc. representing the same, (HEREINAFTER CALLED ‘THE TRUSTEE’) Further-more the net income from the said trust fund, to apply both the capital and income of the said trust fund for the purpose and betterment of the aims and objects only of the said trust. Read Now – Cancellation of Sale Deed Process TRUST PROPERTIES: The Trustees shall stand and possessed of the said amount of corpus and such other properties, both movable and immovable as may be acquired from time to time by the Trust, viz. by purchase, exchange, grants subscriptions, or the endowment donations gifts, contribution or in any manner whatsoever all of which shall be designated ‘THE TRUST PROPERTIES’ of the Trust herein mentioned above. EXECUTIVE BOARD OF TRUSTEES: That all the trustees of the said trust shall be called ‘THE EXECUTIVE BOARD OF TRUSTEES’ LIFE MEMBER. The above mentioned three trustees of the said trust shall be called ‘THE LIFE MEMBER TRUSTEE’. FOUNDER MEMBERS: The above said settler/chairman/founder of this Trust and all the said Trustees i.e., shall be called ‘THE FOUNDER OF THE SAID TRUST’ THE MANAGING TRUSTEE: The trustee No.1 shall be the Managing Trustee of the said trust. After her, the remaining trustees, for the time being, shall elect one of themselves as the Managing Trustee. It shall, however, be opened that the Managing Trustees shall be elected by 2/3rd majority of the said Board of Trustee of the said Trust, in the General Meeting of the Board. WHO MAY BE APPOINTED AS TRUSTEE: Any person may be appointed as Trustee or trustees of the said Trust appointed by the majority of 2/3rd of the present Trustees and with the consent of the Settler/Chairman. THE MINUTES BOOK: It shall be kept by the managing trustee Minutes Book is an office book in which the presence of every trustee and all proceedings of the meeting of the Board of trustees shall be recorded in the minutes book and shall be signed by Chairman of the meeting either at the conclusion thereof or at the next meeting when it they shall be confirmed. BANK ACCOUNT: The Trustees shall have to deposit the trust money or any portion thereof in any nationalized Bank, such account can be operated jointly by the signatures of Chairman/Managing Trustee and any other trustees, who hold the office of Cashier/Treasurer of the said trust. BOOK OF ACCOUNT: A proper and regular account of all accounts, receipts and expenditure of the said trust shall be maintained regularly. AUDIT: On the 31st day of March of every year, General Account shall be taken of all the assets and liabilities of the trust and an income & expenditure account for the whole year and a balance sheet as on the 31st day of March shall be passed by the Trustees. The accounts of the trust shall be audited annually by a Chartered Accountant appointed by the Trustees for the purpose. DISSOLUTION OF THE TRUST: That the above said Trust shall be dissolved at any time by 2/3rd majority of the present trustees but no profit shall be used by any trustee or settler of the said Trust. The Trust fund, properties either movable and immovable shall be spent only for the welfare of the poor and General public or to other Trust/society having the similar aims and objects. JURISDICTION OF THE COURT: Only the competent courts of Delhi shall entertain all the legal proceedings, cases and suits related to the said Trust. THE AIMS AND OBJECTS OF THE SAID TRUST 1. To promote welfare, social-cultural, charitable, health education, humanitarian, and relief activities that will protect, safeguard, improve the quality and raise the standard of human life, particularly economically weaker sections of the society, irrespective of caste creed, race colour, sex or religion so that they may lead healthy, happy contented and dignified life. 2. To help and collaborate in establishing and running medical centres, old age homes, Ashrams, rehabilitation, institutions for the destitute, vocational training centres for the handicapped and self job-oriented activities for the unemployed. 3. To offer scholarships, stipends and financial support to deserving students in pursuing higher studies in medicine Art, science, Engineering and computer technology. 4. To undertake and support any program or projects that provide educational, recreational, social cultural and spiritual activities with the sole purpose of promoting peace, love, tolerance and national integration among the various communities of the country and Nationalities of the world. 5. Sponsorship of economically weak persons for institutional care. 6. Collaboration with other voluntary organizations to accomplish the above objects. 7. Affiliation with other national and international organizations engaged in welfare, health education, National integration, and peace-promotion activities. 8. Regular dialogue and rapport with central, State Government and N.G.O’s to elicit support and cooperation in fulfilling the aims and objects of the organization (Charitable Trust ). 9. To acquire immovable and movable properties by purchase lease, mortgage, gifts, grants, legacy, bequest, exchange, right privilege from any person/s, company, society, Government cooperative bodies or institutions whatsoever and to hold movable and immovable properties lawfully held of all descriptions. 10. To erect/build residential complexes, hostels, hospitals and any other type of building or structures whatsoever, to further any objects of the Charitable Trust and to maintain, manage, control, improve, alter, repairs, demolish or reconstruct the same or any portion or portions thereof. 11. To receive by way of gift, whether in cash money or property movable or immovable, donations and contributions in any legal form, including legacy, behest, wills, trusteeship, etc, for the benefit of the Charitable Trust. 12. To alienate by way of sale, mortgage, lease, charge transfer all or any part of the property of the Charitable Trust. 13. To invest and reinvest any funds or money of the Charitable Trust in the interest of the beneficiaries of the Trust. 14. To execute such agreements, conveyances, transfers, leases licence, mortgages, documents, etc. as may be deemed necessary to carry out the objects of the Charitable Trust. 15. To borrow and or raise any funds with or without security in any manner the charitable trust may think to repay the same. 16. To negotiate with or enter into arrangements with different authorities, bodies, industrial houses for grants, allowances, rights, concessions, and privileges, etc. that may be beneficial to the charitable trust beneficiaries. 17. To use all the income from the properties movable or immovable or from the earning of the Charitable Trust as such whose soever derived from, solely for the advancement of the objects. And that no portion of it be distributed or disbursed among the Trustees by way of profits, bonuses or dividends. However, nothing herein contained shall prevent the payment in good faith in the shape of remuneration or reimbursement to any Trustee for any services rendered to the charitable trust or expenses incurred thereto. 18. To appoint or to remove staff of different graces, prescribe their duties, assignments, service conditions and to fix their wages, remunerations and perquisites, etc. 19. To perform all acts as are incidental and conducive to attainment of all or any of the objects of the Charitable Trust. 20. The income and earnings of the charitable trust shall be utilized to attain the aims and objects of the organization as desired by the Trustees of Charitable Trust. 21. To undertake ad promote human resources in the field of social work and in other science relating to social action for world peace. 22. To undertake and maintain and assist any relief measures in those parts which become subjected to natural calamities such as flood, fire, drought famine, cyclone, earth-quake epidemics, storm, accidents, pestilence, etc. 23. To give, provide and/or render, help and assistance to a and/or implement any scheme for providing livelihood and upliftment of the poor. POWERS, FUNCTIONS, RIGHTS and DUTIES of THE TRUSTEES The powers, functions, rights and duties of the above said trustees shall be as under:- 1. Without effecting the generality of powers and duties and functions of the trustees to manage and administer the trust ,The Board of Trustees shall have the following functions:- i) To borrow if needed be against the security or the assets of the trust by way or bank overdrafts loan or otherwise, as may be necessary, for the benefits of the trusts provided, however, the trustees unanimously agreed on such borrowing and limits to the terms of this decision or agreement and or authorize two or more of the trustees to execute such documents, deed, papers., etc. and as may be necessary for connection the Trust. ii) To arrange for and/or authorize the signing or execution of any agreement, contract, installment, document or any other paper in writing require to be signed or executed on behalf of the trustees by any two of the trustees to be nominated in this behalf by the Board of Trustees & with the consent of the settler and to make the same effective and binding as if the agreement of contracts instrument or documents or papers or writing were signed by all the trustees. iii) To appoint or make provision for the appointment of a sub Committee of Trustees and/or others to attend or to supervise or conduct specified jobs or functions of the trust matters in such manners and subject to such Rules and Regulations as The Trustees may prescribed. iv) To authorize any one or more Trustees to hold any property or any fund or any investment of the Trust subject, however, to the terms of these presents in such manners and subject to such terms and conditions, Rules and Regulations as the Board of Trustees may from time to time make as they think fit and proper. v) To spend any portion of the corpus fund or the income of the trust for purchasing any land or construction any or building for the Trust. 2. Trustees shall have full powers to determine the programs of the Trust by organizing, suggesting, or by adopting or rejecting the proposals from the public and may delegate any of the powers of professionals or administrative staff whose reports of and activities shall be arranged to be received periodically to control and to give guidance in this regard thereto. 3. The Trustees shall have powers from time to time to make and alter or amend the Rules and Regulations if needed, with the consent of the settler, so made this regard of which any power or duty is vested in them, as they may think fit and proper. 4. The Trustee may appoint advocates, secretaries, Engineers, Surveyors, or other employees for the purpose of management and supervision of the Trust estate, funds for collection of rents, effects and profits, for keeping the account and records and for other purposes of the Trustee. 5. The Trustees shall have full power to compromise or compound all actions, suits, and other proceedings and settle difference and disputes touching the trust estate(s)and /or the trust properties and to refer any such differences, disputes to arbitration and to adjust and settle all accounts relating to the trust estate and/or the trust properties and to do all other acts and things fully and effectually without being liable or answerable for any bonafide losses occasioned thereby. 6. The veto of the majority of the members shall prevail and in the event of tie, the chairman of the meeting shall have the power of casting of his/her vote. 7. Any Resolution passed by the 2/3rd majority of the present trustees, with the consent of the settler for the benefits and the same shall be prevail and applicable to the members. 8. A person shall cease to be trustee, in case, if he/she dies or if becomes bankrupts or becomes in same or otherwise incapable to act or if any trustee or trustees resigns from his/her/their, or removed by the Board of Trustees with the consent of the said settler, by 2/3rd majority, shall be removed from his/her office. 9. If anyone or more of the objects specified herein these presents are held not to be objects of a public charitable nature the trustees shall not carry out such objects or object as if the same are not incorporated in these present but the validity of the trust created by these presents as a trust shall not be affected in any manner. NO PERSON BEING: i) An un-discharged ,insolvent or ii) Convicted of an offence involving moral turpitude, or iii) Of unsound mind, or iv) A minor. SHALL BE ELIGIBLE TO BE A TRUSTEE: That any intellectual person or persons or professional individual may be appointed and elected as a trustee of the said Executive Board of Trustees by way of special consideration either by money, work or eligibility by 2/3rd majority of the present trustee of the said Board. IN WITNESSES WHEREOF the above said Settler/Trustees have signed this Deed of Trust in the presence of the following witnesses: WITNESS: 1 2 SETTLER

Exhibit No.____________                                                                         VAKALATNAMA IN THE COURT OF_____________________________________                                                                                 AT PUNE                                                                                                                                                 ____________NO._________________/_______________                                            ___________________________          Appellant/Applicant                                                                                                                          Complainant                                                                                                          ___________________________          Petitioner/Plaintiff/                                                                     Caveator                    VERSUS               ___________________________        Respondent/Opponent                                                                                     ___________________________         Accused/defendant/                                                                                          Caveatee                      I   the     undersigned      ________________________________________               _________________  the above named_______________ hereby appoint               & authorise.          I am not a member of Maharashtra advocates Welfare Fund   &  I have not affixed the required stamp                     to appear and plead for me/us as my/our Advocate/s in the matter.                                          In witness  whereof  I / we have signed below this Vakalatnama on                      ______day of _____________20___.                                          Witness                                                     ________________________                                                                                                             ________________________                                          Accepted and filed on ____/____20___                                                                                        ________________________                                                                                                ________________________                                          Signature of Advocate/s                        ________________________                       Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-)

Download Word Document In English. (Rs.150/-) Download PDF Document In Marathi. (Rs.150/-) IN THE HIGH COURT OF DELHI AT NEW DELHI (Extraordinary Writ Jurisdiction) WRIT PETITION (C) NO. OF 2015  IN THE MATTER OF A PUBLIC INTEREST LITIGATION SHAMNAD BASHEER … PETITIONER  VERSUS  UNION OF INDIA & OTHERS … RESPONDENTS WITH C.M. NO. OF 2015 :  Exemption from filing certified, dim, typed & margin copies of documents PAPER BOOK [SEE INDEX INSIDE]  IN THE HIGH COURT OF DELHI AT NEW DELHI (Extraordinary Writ Jurisdiction) WRIT PETITION (C) NO. OF 2015  IN THE MATTER OF A PUBLIC INTEREST LITIGATION SHAMNAD BASHEER … PETITIONER VERSUS UNION OF INDIA & OTHERS … RESPONDENTS INDEX S.NO PARTICULAR(S) PAGE NO 1. Court Fees A 2. Urgent Application B 3. Notice of Motion C 4. Synopsis & List of Dates D – H 5. Memo of Parties I 6. Civil Writ Petition along with affidavit 1 – 36 7. APPENDIX-A: A compendium of relevant provisions of Patents Act, 1970 & Rules 44 - 50 8. APPENDIX-B: Copy of blank FORM-27 as per Schedule II of Patents Rules, 2003 51 9. ANNEXURE P- 1: List of public spirited activities and achievements of the Petitioner 52 – 61 10. ANNEXURE P-2: True copy of SpicyIP Report on ‘The ‘Non-Working’ of the Patent Office ‘Working Requirement!’ (April, 2011) 62 – 84 11. ANNEXURE P-3: Snapshot of online database containing information relating to working of patents as on 11.05.2015 85 12. ANNEXURE P-4: A comprehensive list of patents surveyed by the Petitioner 86 – 94 13. ANNEXURE P-5: Copy of FORM 10CCE as prescribed under Income Tax Act, 1961 & Rules thereunder 95 – 96 14. ANNEXURE P-6 (Colly) (i) True copy of Public Notice (Ref. No. 97 CG/PG/2009/179) dated 24.12.2009 issued by Respondent authorities (ii) True copy of Public Notice (Ref. No. CG/PG/2013/77) dated 12.02.2013 issued by Respondent authorities 98 (iii)True copy of Public Notice (Ref. No. CG/PublicNotice/2015/95) dated 21.01.2015 issued by Respondent authorities 99 15. ANNEXURE P-7: Relevant excerpts from the Annual Report of the Controller General of Patents, Designs, Trademarks and Geographical Indications (2012-13) 100 – 107 16. ANNEXURE P-8: True copy of FORM-27 filings submitted by Ericsson Inc. 108 – 1123 17. ANNEXURE P-9: True copy of FORM-27 filings submitted by Bayer Corporation relating to Patent No. IN21578 124 – 132 18. ANNEXURE P-10: An illustrative list of callous and defective FORM-27 filings by patentees 133 – 134 19. ANNEXURE P-11: Summary of findings of FORM-27 investigations conducted by the Petitioner 135 – 144 20. ANNEXURE P-12 (Colly) (i) True copy of the RTI application dated 06.03.2014 145 (ii) True copy of the reply from Respondent authorities dated 12.03.2014 146 – 147 21. ANNEXURE P-13: Snapshot of the FORM-27 e-filing facility as on 11.04.2015 148 22. ANNEXURE P-14 (Colly) (i) True copy of RTI application filed by Petitioner before IPO, Mumbai dated 10.12.2013 149 – 150 (ii) True copy of RTI application filed by Petitioner before IPO, New Delhi dated 10.12.2013 151 – 152 (iii) True copy of RTI application filed by Petitioner before IPO, Chennai dated 10.12.2013 153 – 154 (iv) True copy of RTI application filed by Petitioner before IPO, Kolkata dated 10.12.2013 155 – 156 (v) True copy of the reply of the CPIO of IPO, Mumbai dated 18.12.2013 157 (vi) True copy of the reply of the CPIO of IPO, Chennai dated 09.01.2014 158 – 159 (vii) True copy of the reply of the CPIO of IPO, Kolkata dated 08.01.2014 160 – 161 23. ANNEXURE P-15 (Colly) (i) True copy of RTI application dated 10.02.2014 162 – 163 (ii) True copy of the reply from Respondent authorities dated 12.02.2014 164 (iii)True copy of RTI application dated 19.01.2015 165 – 166 (iv)True copy of the reply from Respondent authorities dated 06.02.2015 167 24. ANNEXURE P-16: A detailed summary of investigations conducted on anti-cancer drug, Nexavar® (Patent No. IN21578) 168 – 205 25. ANNEXURE P-17: Copy of the submissions made before United States Trade Representative dated 07.02.2014 by Intellectual Property Owners’ Association 206 – 221 VOLUME II & III 26. ANNEXURE P-18: True copies of FORM-27 filings surveyed by the Petitioner 222 – 564 27. C.M. No. of 2015: An application for exemption from filing certified/dim/typed/ margin copy of the annexure with affidavit 565 – 567 28. Vakalatnama 568 FILED BY: Date : 21.05.2015 N. SAI VINOD Place : New Delhi Advocate, D-131, Panchsheel Enclave, New Delhi – 110 017 E IN THE HIGH COURT OF DELHI AT NEW DELHI (Extraordinary Writ Jurisdiction) WRIT PETITION (C) NO. OF 2015 IN THE MATTER OF A PUBLIC INTEREST LITIGATION SHAMNAD BASHEER … PETITIONER VERSUS UNION OF INDIA & OTHERS … RESPONDENTS SYNOPSIS The Writ Petition is being filed in public interest to seek an appropriate writ or directions against the Respondent authorities to compel patentees and licensees to comply with the statutory mandate to declare information on the working of their patents, as per the Patents Act, 1970 & Rules thereunder. Section 146(2) of the Patents Act, 1970 read with Rule 131 of the Patent Rules, 2003 compels every patentee and her licensee to make an annual disclosure as to how far and to what extent they have commercially worked their patent. The format for this mandatory disclosure is prescribed under Schedule II of the Patents Rules as ‘FORM-27’. The Petitioner conducted an extensive survey of patent working in three critical areas (a) pharmaceutical drugs (lifesaving drugs for fatal diseases such as Cancer, AIDS, Diabetes and Hepatitis); (b) telecommunications; and (c) publicly funded research and development. The survey revealed a blatant disregard for an important statutory mandate, with close to 35% of the patentees failing to disclose their patent working status during 2009 to 2012. Even among those patentees that purported to make this disclosure, F the said disclosures were highly defective, inasmuch as they were either incomplete, negligent or incomprehensible. More worryingly, the Respondents authorities have never initiated action against any of the errant patentees. What makes this government inaction even more egregious is the fact that the blatant non-compliance was already brought to the notice of the government four years ago through a similar investigation conducted by the Petitioner in a public report titled “The ‘NonWorking’ of the Patent Office ‘Working’ Requirement!” This cavalier disregard for an important statutory mandate is particularly problematic, as patent working norms lie at the very heart of India’s patent system. The Patents Act grants a twenty (20) year monopoly for inventions that are novel, non-obvious and useful. The grant of exclusionary “rights” are, however, not absolute, but comes with corresponding “duties” imposed on patentees to work their patented invention, as far as practicable, for the public benefit, by ensuring inter alia that patented products are available in adequate quantities and a reasonable price. If the patentee fails to fulfill this important statutory mandate, the Act imposes a penalty in the form of a compulsory license, where third parties are given permission to manufacture and sell the drug for the benefit of consumers. If the compulsory licence also fails to fulfill this important public purpose, the patent could then be revoked. The compulsory licensing and revocation provisions will come to naught, if patent working information is not made readily available. Besides this, courts routinely deny the grant of an equitable remedy (i.e., interim injunctions) when the patent has not been worked. G A patent is effectively a fetter on the freedom of trade guaranteed under Article 19(1)(g) of the Constitution of India, as it blocks competitors from introducing their goods and services in the market. But for such competition, the consumer suffers, particularly in terms of affordable versions of patented medicines. Therefore, such fetter must be tolerated only when it is subject to reasonable safeguards such as ensuring that it is worked for the public benefit ensuring availability in reasonable quantities and at reasonable prices. Patent working disclosure (as mandated by the Patents Act) is therefore a critical one underpinning the very essence of India’s patent regime. The lack of such transparent disclosure will deny valuable information around patents and their commercial working to the larger public which is effectively suffering the monopoly. It will render the compulsory licensing and revocation provisions largely illusory, as without working data, it is impossible to determine whether a patentee has satisfied the reasonable requirements of the public, an important precondition for compulsory licensing and revocation. It will also make it difficult for honest competitors to assess their IP risks, whilst doing research and developing advanced technologies or products that are likely to be of great value to society. As a result, the rate of technological development and research is likely to be hampered. More worryingly, this detrimental impact on competitors will ultimately affect the general public, who are denied access to more affordable technologies, a concern most starkly felt in the context of medicines. Lastly, it is humbly submitted the present format of the FORM27 disclosure specified under the Patent Rules is wholly insufficient to fulfill the objectives of the Patents Act, inasmuch H as it lacks precision and fails to ask for several critical particulars that are necessary for an effective assessment of the commercial working of patented inventions. Without such working information, the compulsory licensing and revocation provisions will remain ineffective, and a failure to invoke them in appropriate cases will ultimately affect the general public, particularly in cases involving patented medicines and public health. LIST OF DATES Sept’ 1959 Shri Justice N. Rajagopala Ayyangar submits a report on the ‘Revision of the Law in India Relating to Patents for Inventions’ advocating strong norms for compulsory licensing and patent working. The Report also recommends the abolition of pharmaceutical product patents. The Report’s key recommendations effectively form the blueprint for the Patents Act, 1970. 1970 The Parliament of India enacts the Patents Act, 1970, wherein pharmaceutical products are excluded from patentability. Further, the Act imposes a stringent patent working requirement and provides for a very elaborate compulsory licensing scheme. In particular, Section 146(2) of the Act imposes an obligation on rights-holder to furnish patent working information at regular intervals to the Controller of Patents. 2003 The Respondent authorities notify the Patents Rules, 2003, wherein Rule 131 [enacted in accordance with Section 146(2)] requires all I patentees and licensees to submit a statement on the commercial working of their patented invention each year as per the prescribed format specified as ‘FORM-27’. 2005 The Parliament of India enacts the Patents (Amendment) Act, 2005, in order to comply with the Trade-Related Aspects of Intellectual Property Rights (‘TRIPS’), an international treaty under the WTO framework to which India is party. Under this amendment, product patent protection is extended to pharmaceutical inventions. 24.12.2009 The Respondent authorities issue a Public Notice (Ref. No. CG/PG/2009/179) directing all Patentees to submit information on the commercial working of their patented inventions. April 2011 The Petitioner, along with his Research Assistant, publish a detailed report titled “The ‘Non-Working’ of the Patent Office ‘Working’ Requirement!” on SpicyIP, highlighting widespread non-compliance with the FORM-27 filing requirement by leading multinational pharmaceutical companies in relation to their patented drugs. 12.02.2013 The Respondent authorities issue yet another Public Notice (Ref. No. CG/PG/2013/77) directing Patentees to submit information on the commercial working of their patented inventions. J 2013 The Respondent authorities digitize the FORM27 filings and provide public access through an online searchable database. However this information is limited to FORM-27 filings for the years 2012 and 2013 alone. 10.12.2013 The Petitioner files RTI applications before various branches of Respondent authorities seeking details on actions taken under Section 122 of the Patents Act against errant patentees for failing to comply with the FORM-27 filing requirement [as specified in Rule 131 read with Section 146(2)]. 23.12.2013, 09.01.2014 & 30.01.2014 The Respondent authorities, in reply to RTI applications dated 10.12.2013, state that no action has so far been initiated under Section 122 of the Act against any errant right-holders for failure to submit patent working information. 21.05.2015 Hence, the present Writ Petition. K IN THE HIGH COURT OF DELHI AT NEW DELHI (Extraordinary Writ Jurisdiction) WRIT PETITION (C) NO. OF 2015 IN THE MATTER OF A PUBLIC INTEREST LITIGATION SHAMNAD BASHEER … PETITIONER VERSUS UNION OF INDIA & OTHERS … RESPONDENTS MEMO OF PARTIES Shamnad Basheer S/o Mr. M. M. Basheer, R/o Nishad Kulathupuzha, Quilon District, Kerala – 691 310, Having office at: IDIA Charitable Trust, C/o Spire, No. 45, 2nd Floor, Jubilee Building, Museum Road, Bangalore – 560 025 … PETITIONER VERSUS 1. Union of India Through the Secretary, Ministry of Commerce & Industry, Udyog Bhawan New Delhi – 110001 … RESPONDENT NO. 1 2. Controller General of Patents, Design and Trademark The Patent Office Baudhik Sampada Bhawan, S.M. Road, Near Antop Hill Mumbai - 400 037 … RESPONDENT NO. 2 3. Controller of Patents and Design The Patent Office, Baudhik Sampada Bhawan, Plot No. 32, Sector 14 Dwarka, New Delhi - 110 075 … RESPONDENT NO. 3 FILED BY: Date : 21.05.2015 N. SAI VINOD Place : New Delhi Advocate, D-131, Panchsheel Enclave, New Delhi – 110 017 1 IN THE HIGH COURT OF DELHI AT NEW DELHI (Extraordinary Writ Jurisdiction) WRIT PETITION (C) NO. OF 2015 IN THE MATTER OF A PUBLIC INTEREST LITIGATION SHAMNAD BASHEER … PETITIONER VERSUS UNION OF INDIA & OTHERS … RESPONDENTS A CIVIL WRIT PETITION IN PUBLIC INTEREST UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA To THE HON'BLE CHIEF JUSTICE OF THE HIGH COURT OF DELHI AND HIS COMPANION JUSTICES OF THE HIGH COURT OF DELHI The Petitioner respectfully submits as under: 1. That the Petitioner is filing this present Writ Petition in public interest under Article 226 of the Constitution of India seeking a writ of mandamus or any other appropriate writ or directions, to compel Respondent authorities to: i) Perform their statutory duty under the Patents Act, 1970, to enforce norms relating to the disclosure of “commercial working” of patents by patentees and licensees as per Section 146 read with Rule 131 of the Patents Act and Rules, and ii) Constitute an expert committee to improve the current format for patent “working” disclosure, as the present format is irrational and grossly insufficient to fulfill the objectives of the Patents Act. 2 2. The Petitioner is a citizen of India. The Petitioner has no personal interest in the litigation and the petition is not guided by self-gain or for gain of any other person or institution or body, save as a member of the public. There is no motive other than of public interest in filing the Writ Petition. 3. The Petition, if allowed would benefit the citizens of India as it is aimed at improving transparency and accountability in the patent system which is critical for innovation, technological progress and public well-being. The Petition is being filed bona fide in public interest for the benefit of all persons. Since these persons are numerous and have no personal interest in the matter, hence they are unlikely to approach this Hon’ble Court. The Petitioner has the means to pay the costs, if any, imposed by the Hon’ble Court and on an undertaking to the Hon’ble Court in that respect. 4. The Petitioner has based this Writ Petition from authentic information and public documents sourced from the Respondent authorities through requests under the Right to Information Act, 2005 (‘RTI Act’), Reports of Parliamentary and other Government-appointed committees, articles of eminent scholars and other publically available information made available by Respondent authorities. 5. Respondent No. 1 is the Secretary to the Union of India, Ministry of Commerce and Industry. Respondent No. 2 is the Controller General of Patent, Designs & Trade Marks (‘CGPDTM’), a statutory functionary appointed under Section 3 of the Trade Marks Act, 1999. Respondent No. 2 3 is also the Controller of Patents administering the Indian Patent Office (‘IPO’) under Section 73 of the Patents Act, 1970. The Respondent No. 3 is one of branches of the IPO, i.e. Respondent No. 2, located at New Delhi. The Respondents hereinabove are State for the purposes of Article 12 of the Constitution and public authorities against whom a Petition under Article 226 is maintainable. 6. The Petitioner is a reputed scholar in Intellectual Property (‘IP’) law and policy with over fourteen (14) years of experience in this field. He served as the Ministry of Human Resource Development Chair Professor in Intellectual Property Law at the West Bengal National University of Juridical Sciences, Kolkata from 2008-09 to 2013-14. The Petitioner graduated from the National Law School of India University, Bangalore and did his Masters in Law (BCL), MPhil and DPhil from the University of Oxford as a Wellcome Trust Scholar. He is a recipient of the prestigious Infosys Foundation Prize for the year 2014 awarded by a jury headed by Nobel Laureate, Prof Amartya Sen, for his contributions to legal theory and practice, particularly in the area of intellectual property rights. The award citation by the jury commends his pioneering contributions in fostering a wider public engagement with the law (particularly intellectual property law) and in aiding access to legal education for the underprivileged. 7. In 2005, the Petitioner founded SpicyIP, a non-profit online portal (accessible at: www.spicyip.com ) in order to make IP laws and policy making more transparent, open and inclusive through a rigorous analysis of legal developments, policies and institutions. He has 4 proactively intervened and assisted the courts in matters involving serious questions of law related to IP rights. Notably, the Petitioner assisted the Hon’ble Supreme Court in Novartis v. Union of India [(2013) 6 SCC 1] as an intervener-cum-amicus in the interpretation of Indian patent law. The scholarly writings of the Petitioner were also relied on by the Respondent authorities in its decision [C.L. No. 1 of 2011 dated 09.03.2012] to grant India’s first ever compulsory licence in the post TRIPS era. A comprehensive list of Petitioner’s public-spirited activities and contributions to law, legal education and intellectual property is annexed herewith as ANNEXURE P-1. I. BACKGROUND 8. The Petitioner, along with his Research Associate and Research Assistants (collectively ‘RAs’), sought to investigate the commercial working of certain patented inventions in India, particularly in relation to three key areas, namely: (i) pharmaceutical drugs (particularly life-saving drugs for fatal diseases such as Cancer, AIDS, Diabetes and Hepatitis) (ii) telecommunication technology and; (iii) inventions stemming from public sponsored research and development. (‘R&D’). 9. To this end, the Petitioner examined the statements on “commercial working” submitted by patentees and licensees every year, as per Sub-section (2) of Section 146 read with Rule 131 of the Patents Act and Rules, in accordance with the prescribed format specified as 5 ‘FORM-27’ under Schedule II of the Patent Rules (in short “FORM-27 filings’). 10. Pursuant thereto, the Petitioner along with his RAs obtained FORM-27 filings of patents relating to 7 (seven) critical life-saving drugs. The information was obtained from Respondent authorities under the RTI Act after a lengthy and painstaking process, as the same was not available in the public domain. The filings revealed a blatant and widespread contravention of patent working disclosure norms by major pharmaceutical companies, such as Bristol-Myers Squibb, Schering Corporation and Pfizer Inc. A detailed report of the findings titled “The ‘Non-Working’ of the Patent Office ‘Working’ Requirement!” was published on SpicyIP in April 2011 and the same was widely reported by media. The report meticulously documented the hardships faced by the Petitioner in accessing the information. True copy of the said Report is annexed herewith as ANNEXURE P-2. 11. In a laudatory move, the Respondent authorities enabled free public access to FORM-27 filings in an online searchable database (URL: ipindiaonline.gov.in/working patents/). The said database is, however, significantly limited as it contains the FORM-27 filings pertaining to the calendar year 2012 and 2013 alone, and not prior years (i.e. 2003 to 2011). A snapshot of the homepage of the said database as on 11.05.2015 is annexed herewith as ANNEXURE P-3. 12. Consequently, the Petitioner, through his RAs, queried the Respondent authorities on several occasions seeking copies of FORM-27 filings and the steps taken by 6 Respondent authorities in ensuring compliance with the statutory obligation by patentees and licensees. In addition, the Petitioner extensively surveyed FORM-27 filings retrieved from the aforesaid database. Overall, the survey spanned over 270 FORM-27 filings relating to 150 major patents across the three sectors mentioned earlier. A comprehensive list of patents surveyed by the Petitioner is annexed herewith as ANNEXURE P-4. 13. Shockingly, the survey revealed widespread contravention of FORM-27 filings norms by patentees. The Petitioner begs the attention of the Hon’ble Court to the arbitrary and cavalier attitude of Respondent authorities in failing to effectively enforce statutory provisions pertaining to public disclosure of patent “working” information, despite having full knowledge of the widespread contraventions in this regard. II. STATUTORY BASIS OF PATENT WORKING INFORMATION 14. Under Section 146(1), the Controller of Patents (Respondent No. 2 herein) has the power to direct any patentee or licensee to furnish a statement on the extent of commercial working of their patent. Section 146(2) imposes an obligation on all patentees and licensees to submit a statement on commercial working of their patent at periodic intervals, as maybe prescribed. The Controller of Patents can publish such information in the prescribed manner, as per Section 146(3). 15. Rule 131 of Patents Rules, enacted pursuant to Section 146(2), obliges every patentee to disclose the true extent of commercial working of their patent, each year, as per the 7 format specified as ‘FORM-27’. Furthermore, the provision authorizes the Controller to publish this information. 16. The format for FORM-27 is provided under the Second Schedule to the Patents Rules. The form requires patentees and their licensees to disclose the following particulars: (a) whether the patented invention has been worked on a commercial scale within India for the year in question; (b) if the patented invention is not worked, the reasons for such non-working; (c) if the patented invention is worked, the rightsholder must: i. specify the quantum and value of sale of product covered by the patent in India for the relevant year in question; ii. specify the details of licences and sub-licences granted during the relevant year; iii. state whether the patented invention is manufactured within the territory of India in the relevant year; and iv. state whether the public requirement of the patented invention has been met either partly or adequately or the fullest extent at a reasonable price for the relevant year; 17. The Patents Act and Rules discussed above, in unambiguous terms, extend the disclosure mandate (i.e., FORM-27 filing) to Licensees as well. The objective behind extending this obligation to licensees was underscored by Justice N. Rajagopala Ayyangar in his Report on the ‘Revision of the Law in India Relating to Patents for 8 Inventions’, which noted that the obligation on licensees is necessary to find out the true extent of commercial working of any patent, given that a number of patentees are prone to licensing out their patents to third parties who then commercially exploit them. 18. Lastly, Section 122(1)(b) authorizes the Respondent authorities to impose fines which may extend upto Rs. 10,00,000 (Ten Lakh Rupees) against errant patentees and licensees for failure to comply with the mandate provided under Section 146 of the Patents Act and Rules thereunder. The relevant provisions of the Patents Act, 1970 and Rules thereunder and format of FORM-27 declaration as prescribed under Schedule II of the Patents Rules, 2003 are reproduced below as APPENDIX-A and APPENDIX-B, respectively. 19. Apart from the above, patent working information is also provided by Patentees to other statutory authorities under mandatory financial reporting norms laid down in various commercial laws and regulations. Illustratively, two such statutory regimes are discussed below: (a) Companies Act, 2013: As per Sections 129 and 137 read with Schedule III of the Companies Act, every company must submit a detailed Financial Statement along with the Auditor’s Report each year to the Registrar of Companies. Such an exercise necessarily entails a reporting on the sales of patented products, licensing activities and other transactions arising out of patent rights. (b) Income Tax Reports & other tax-related filings: Section 80RRB read with Rule 19AD of the Income 9 Tax Act, 1961 and Rules thereunder, permits patentees to claim deductions over royalty income and requires them to submit detailed information of their licensing practices in accordance with the format specified as FORM-10CCE. A copy of the said FORM NO. 10CCE of the Income Tax Act, 1961 and Rules thereunder is annexed herewith as ANNEXURE P-5. III. MASSIVE DISCREPENCIES WITH PATENT WORKING DISCLOSURE 20. The Respondent authorities issued Public Notice(s) on at least three occasions (on 24.12.2009, 12.02.2013 & 21.01.2015) in the past to remind patentees of their statutory obligation to disclose patent working through filing FORM-27s for the respective years. True copy of the aforesaid notices dated 24.12.2009 (Ref. No. CG/PG/ 2009/79), 12.02.2013 (Ref. No. CG /PublicNotice/2013/77) and 21.01.2015 (Ref. No. CG/Public Notice/2015/95) are annexed herewith as ANNEXURE P-6 (Colly). 21. Despite these repeated reminders, patentees and licensees failed to make the relevant disclosures and ignored this important statutory mandate with impunity. A summary of the survey undertaken by the Petitioner and his RAs reflecting this widespread statutory transgression is encapsulated below: (A) NON-COMPLIANCE 22. The survey revealed a glaring non-compliance with the FORM-27 filing mandate. Approximately 35% of patentees did not bother to disclose any working information for the years 2009 to 2012. The year-wise breakup of patent 10 working disclosures sourced from Respondent No. 2, is reproduced below: YEAR PATENTS IN FORCE FORM-27 % NON FILED COMPLIANCE NOT FILED 2009 37334 24009 13325 35.69 2010 39594 34112 5,482 13.84 2011 39989 27825 12,164 30.41 2012 43920 27946 15,974 36.37 Relevant excerpts from the Annual Report of the Controller of Patents, for the year 2012-13, is annexed herewith as ANNEXURE P-7. (B) DEFECTIVE COMPLIANCE 23. Apart from the shockingly high number of patentees that simply failed to submit any FORM-27 disclosures at all, the survey found a significant number of defective declarations as well, i.e., FORM-27s that were submitted but were grossly incomplete, incomprehensible or inaccurate, as elaborated upon below: (a) Refusal to declare: The obligation on the patentees to declare patent working information under Rule 131 as per the FORM-27 is mandatory. Ironically, Ericsson Inc., a leading patent holder in telecom sector, refused to disclose patent working information to the public under the alleged veil of trade secrecy. The relevant FORM-27 filings by them state that: “as all the licenses are confidential in nature, the details pertaining to the same shall be provided under specific directions from the Patent Office.” It bears noting that the FORM-27 filings for eight (8) of their patents investigated by the Petitioner are currently subject to anti-competitive 11 investigations by the Competition Commission of India (‘CCI’). The refusal to declare commercial working information is illegal and liable for punishment as per Section 122 of the Patents Act. True copies of the said FORM-27 filings of Ericsson Inc., are annexed herewith as ANNEXURE P-8. (b) Quantum and Value: If a patent has been worked in a certain year, the FORM-27 declaration requires the Patentee to provide particulars, such as the quantity and value of the patented product imported or manufactured in India. Close to half of all patentees surveyed by the Petitioner and his RAs (40% approximately) failed to disclose these particulars. Few patentees even went to the extent of flippantly stating that: “information not readily available. Information will be provided if asked for”. Further, FORM-27 filings provided by Ericsson Inc. (above) contains the overall sales of the company, instead of limiting it to the specific patented product in question, making it impossible to gauge the precise extent of working of the patent in question. It is submitted that there is a strong likelihood that some of these omissions are deliberate, with a view to escape public scrutiny of working of patents. Several patentees in the telecom sector expressed their inability to disclose information pertaining to quantum and value of the patented product due to the nature of the invention. Illustratively, Motorola Mobility Inc. in relation to Patent No. 239197 stated that: “Due to the nature of invention, it is not possible to 12 determine the quantum and value of the above patented product or process.” It is respectfully submitted that such statements appear to fly in the face of industry practice, given that patentees in this sector usually license their patents on Fair, Reasonable and Non-Discriminatory (‘FRAND’) terms to competitors. In a majority of licensing agreements, patentees typically insist on the right to audit the sales and revenues of their licensees’ products, so as to foster an accurate reporting and payment of royalties. As such, the alleged difficulty in disclosing the quantum and value of products that comprise the patent may not comport with the reality of business practices and does not amount to an insurmountable hurdle. In any case, it is humbly submitted that it is a statutory mandate that must be complied with. Further, even in so far as pharmaceutical patentees are concerned, there is gross failure to declare the value of products. Illustratively, in a FORM-27 filed in 2010 by Bayer, it does not indicate the value of the 4665 units that were imported in 2009. This column was left blank by the patentee, as evident from our investigation report. (c) Non-working: If the patent has not been worked in a certain year, the FORM-27 requires the Patentees to provide reasons for such non-working and the steps being taken to redress this non-working. Over 65% (i.e., 28 out of 42) of such FORM-27 filings either failed to address this query or provide a satisfactory 13 explanation thereof. A small fraction of patentees have callously ignored this question and left the column blank. (d) Indeterminate quantity of the product: The FORM-27 format requires Patentees to mention the quantity of the patented product, either manufactured or imported. A vast majority of the FORM-27 filings (close to 60% approximately) have provided the import or sales figures in vague or indeterminate units of measurement, thereby preventing a fair assessment of the quantum of working. Illustratively, a perusal of FORM-27 filed in relation to Nexavar® (Patent No. IN21578) for the year 2009 by Bayer Corporation stated that 4665 units of the drug were imported and 1679 units of the drug were sold. But it does not indicate the number of tablets contained in each of 4665/1679 units. Nor does it indicate the number of such units required by each patient per month. True copy of the FORM-27 filings in relation to Patent No. IN21578 filed by Bayer Corporation are annexed herewith as ANNEXURE P-9. (e) Place of manufacture: FORM-27 requires Patentees to specify the quantity and value of patented invention manufactured in India. If the product is imported, the Patentee must provide country-wise details of the quantity and value of import. 109 out of 217 (approximately 50%) FORM-27 filings that claimed to have worked the patent did not indicate the place of manufacture of the patented invention. (f) Licensing information: FORM-27 requires patentees to furnish all available details relating to licences and 14 sub-licences granted during the concerned year. One third of the FORM-27 filings did not even indicate whether any license was granted during the year. Moreover, close to half of them which indicated to have licensed their patent did not disclose any details of licensees. (g) Statement on reasonable requirements of the public: If the patent has been worked in a particular year, FORM-27 requires the Patentee to indicate whether or not the reasonable requirement of public have been met, either partly, adequately or to the fullest extent, at a reasonable price. A vast majority of FORM-27 filings indicated that public requirements have been met, but failed to provide any factual data or evidence in support of such assertions. At least three patentees claimed that they met this requirement through their various Patient Assistance Programs (‘PAPs’). These patentees, however, failed to disclose the specific extent of assistance provided to patients. Illustratively, the FORM-27 declaration filed in relation to Patent No. IN21578 covering Nexavar® (an anti-cancer drug) by Bayer Corporation for the year 2011, claimed that the reasonable requirement of public had been meet to the fullest extent. However, the Indian Patent Office found the exact opposite and went on to grant a compulsory licence over this patented drug in favour of NATCO, on the ground that the drug sold by the patentee was far too expensive and only 2% of the patient population had access to it. This finding has attained finality, with the Hon’ble Supreme Court of India upholding the grant of compulsory licence by the IPO vide Order dated 15 12.12.2014 [S.L.P (c) No. 30145 of 2014]. True copies of the said FORM-27 filings are annexed herewith as ANNEXURE P-10. (h) Value of sales in foreign denomination: FORM-27 requires the Patentees to provide the value of their patented products, (either imported or manufactured in India), in terms of Indian National Rupee (‘INR’). The survey revealed four (4) FORM-27 declarations containing the amount in currencies other than INR, and that too, without specifying the rate of conversion. 24. The following table contains a summary of Petitioner’s findings on defective declarations by patentees: NATURE OF DEFECTS TOTAL F-27s % QUANTITY Undisclosed 79 38.3 Indeterminate Units 71 58.1 VALUE Undisclosed 84 38.3 Foreign Denomination 4 0.1 MANUFACTURE Location Undisclosed 109 50.3 LICENSING INFORMATION Undisclosed 89 33.5 Undisclosed Details 33 50.4 NON-WORKING Reasons Undisclosed 28 66.7 A detailed summary of investigations conducted by the Petitioner is annexed herewith ANNEXURE P-11. 25. It is submitted that the defective disclosures make a mockery of an important statutory obligation enshrined in Section 146 and Rule 131 of the Patents Act. If this practice is allowed to continue, the entire objective behind the working requirement stands defeated, thereby causing prejudice to innovation imperatives and the right of the 16 public in ensuring that the patent is being worked for their benefit. (C) NON-COMPLIANCE BY LICENSEES 26. As noted above, Section 146(2) states in no uncertain terms that every patentee and every licensee (whether exclusive or otherwise) must disclose the extent to which the patented invention has been worked on a commercial scale in India. This mandate is again reiterated in Sub-rule (2) of Rule 131 of the Patents Rules which provides that working information shall be submitted by both Patentees and Licensees, exclusive or otherwise, in terms of the format set out under FORM-27, within three months of the end of each year. 27. Despite the clear statutory mandate, the Respondent authorities appear to be reading down the provision and not insisting on FORM-27 filings by Licensees. The Respondent authorities vide letter dated 12.03.2014, in relation to an RTI application dated 06.03.2014, stated that no FORM-27 was received from Licensees. More problematically, they go on to suggest that the Section 146 mandate to disclose patent working information applies only to patentees and not to licensees. The relevant excerpts of the correspondence is as follows: RTI Application dated 06.03.2014 Reply of Respondent authorities dated 12.03.2014 State the number of valid patents for which duly filled FORM-27 applications was submitted by Licensees for the years 2009 to 2012 Form 27 are filed by Patentees only, as such required information is not in possession of this authority. 17 True copy of the RTI application dated 06.03.2014 and reply of Respondent authorities dated 12.03.2014 are annexed herewith collectively as ANNEXURE P-12 (Colly). (D) DEFECTS IN E-FILING FACILITY 28. In a laudable initiative, the Respondent authorities introduced a “Comprehensive Online Filing Services for Patents” (‘e-filing facility’) (URL: ipindiaonline.gov.in/ epatentfiling/goForLogin/doLogin) in 2012, to provide a convenient way for patentees and licensees to file various forms online, including FORM-27. Shockingly, however, the online version exempts patentees and licensees from declaring all relevant particulars under FORM-27. In particular, patentees and licensees need not submit information pertaining to the quantum of the patented product imported or manufactured as part of the online form. The online form is such that they are prevented from submitting this information, even if they wanted to. Snapshots of the FORM-27 e-filing facility as on 11.04.2015 is annexed herewith as ANNEXURE P-13. 29. This blatant dilution of an important statutory mandate enables patentees and their licensees to evade public scrutiny of the true extent to which the patent has been licensed and worked. This waiver of patent working disclosure requirements for Licensees by Respondent authorities is unfounded, arbitrary, illegal and violative of provisions of the Patents Act and Rules. IV. DERELICTON OF STATUTORY DUTY BY RESPONDENT AUTHORITIES 30. Despite evidence of widespread contravention of Section 146 read with Rule 131 of the Patents Act and Rules, the 18 Respondent authorities have simply failed to initiate any action against errant patentees and their licensees. In fact, in response to an RTI application filed by the Petitioner, the Respondent authorities admit that no action has been taken against any patentee or licensee, till date, for failure to comply with the FORM-27 disclosure mandate. True copies of the said applications and corresponding replies from Respondent authorities are annexed herewith collectively as ANNEXURE P-14 (Colly). 31. More egregiously, the Respondent authorities have disregarded their own order dated 09.03.2012 in C.L.A No. 1 of 2011, wherein they granted India’s first post TRIPS compulsory licence in favour of NATCO Pharma Ltd., a reputed generic pharmaceutical company. The compulsory licence, was in respect of Sorefanib Tosylate, an excessively priced anti-cancer drug (Nexavar®) patented by Bayer Corporation (Patent No. IN21578). While granting the licence, the Respondent authorities imposed several conditions on the licensee (NATCO), including an obligation to account for the sales of the licensed patented drug on a quarterly basis. 32. In a letter dated 12.02.2014, the Respondent authorities stated that NATCO had not submitted this information, in relation to an RTI request dated 10.02.2014. A year later, the Petitioner through his RA, once again, brought this to the attention of the Respondent authorities vide RTI application dated 19.01.2015. However, Respondent authorities vide letter dated 06.02.2015 stated that NATCO is yet to submit these sales details. Furthermore, the 19 Respondent authorities have not initiated any action against NATCO for this blatant contravention of an important licensing condition. A true copy of the RTI applications dated 10.02.2014 and 19.01.2015 and the respective replies from Respondent authorities dated 12.02.2014 and 06.02.2015, is annexed herewith collectively as ANNEXURE P-15 (Colly). 33. The inaction of Respondent authorities against this flagrant violation of working disclosure norms by patent right-holders is illegal and arbitrary and a gross dereliction of their public statutory duty. It enables patent holders to evade public scrutiny of the manner in which they have used or abused a statutorily granted monopoly, and frustrates an important rationale underlying the patent system and the social bargain inherent within. 34. The inaction by Respondent authorities also seriously prejudices the citizens’ right to know as to how patents are serving the public interest. Unless concrete action is taken, patentees will have no incentive to comply with an important statutory obligation. It is submitted that patentees are often loathe to provide working information voluntarily and it is only the threat of statutory sanction that will compel them to do so. This is amply illustrated in the Petitioner’s own case, wherein a detailed set of questions were addressed to Bayer Corporation in relation to its patented anti-cancer drug (Nexavar®) seeking clarifications on their FORM-27 filings. These clarifications were absolutely necessary as the Petitioner found several inconsistencies, gaps and errors in their submissions. However, Bayer Corporation refused to comment on the issue, initially citing that the matter was sub-judice and 20 later on simply refusing to respond on the apparent ground that other litigations were pending. A detailed summary of the investigations, including various communications addressed to Bayer Corporation, is annexed herewith as ANNEXURE P-16. V. SIGNIFICANCE OF PATENT WORKING NORMS 35. The mandatory disclosure of commercial working of patent serves as an important tool for advancing innovation and public interest goals, as outlined below: (A) INTELLECTUAL PROPERTY DUTIES 36. The grant of a patent represents a “social bargain” between the State and the inventor, whereby an inventor who discloses new and valuable scientific or technological information to the public is rewarded with a state sanctioned monopoly for twenty (20) years. In the Indian context, the statute makes clear that the social bargain also comprises a promise that the Patentee will work the patented invention for the public benefit, by ensuring that patented goods are available in adequate quantities and for a reasonable price. 37. In the event of this promise being breached, the statute provides for penalties in the form of a compulsory licence, or even a revocation of the patent. To this extent, the patent regime not only grants exclusive “rights” to patentees to prevent others from manufacturing and distributing the patented invention, but also imposes “duties” on them to work the invention for the public good. For the sake of convenience, these are labelled as “intellectual property duties”. 21 38. The spirit of the working requirement can be gleaned from Section 83 of the Patents Act, which articulates the foundational philosophy of the Indian patent regime. The provision reads as follows: 83. General principles applicable to working of patented inventions.- (a) that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay; (b) that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article; (c) that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations; (d) that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of India; 22 (e) that patents granted do not in any way prohibit Central Government in taking measures to protect public health; (f) that the patent right is not abused by the patentee or person deriving title or interest on patent from the patentee, and the patentee or a person deriving title or interest on patent from the patentee does not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology; and (g) that patents are granted to make the benefit of the patented invention available at reasonably affordable prices to the public. 39. The importance of this requirement has been stressed by the Ayyangar Report which stated that (¶135): Patents must be enabled to fulfill their prime purpose, viz., being worked in the country, and as early as possible after they are granted. Where this is incapable of being achieved the law must enable a patent to be revoked. Further, the Statement of Objects and Reasons accompanying the Patents Act, 1970 clearly states that "patent rights are not worked to the detriment of the consumer or to the prejudice of trade or industrial development'. 40. Chapter XVI to the Patents Act translates the above foundational philosophy by conferring extraordinary powers on Respondent authorities to either (a) issue a compulsory licence or (b) revoke the patent, if the patent 23 holder fails to satisfy the “working” requirement as explained below. 41. Chapter XVI of the Patents Act authorizes the Respondent authorities to issue a compulsory licence against any patent in force. Of the various grounds that trigger the issue of a compulsory licence under the Indian Patents Act, the most prominent one is spelt out in section 84, wherein a licence is to be issued, if the following conditions are fulfilled: (a) the reasonable requirements of the public with respect to the patented invention has not been satisfied; or (b) the patented invention is not available to the public at a reasonably affordable price; or (c) the patented invention is not worked within the territory of India. 42. Furthermore, as per section 85 of the Patents Act, the Controller can go to the extent of revoking a patent if the patented invention has not been worked in India even after two (2) years from the date of grant of the compulsory licence. 43. Any failure to adequately work a patented product has debilitating consequences for both innovation as well as the end consumer, particularly in terms of access to medicines and public health. It is thus that the Patents Act, at the time of enactment in 1970, expressly excluded pharmaceutical products from the scope of patentability. In 2005, however, patent rights had to be granted to such pharmaceutical inventions owing to an international treaty mandate under the Trade-Related Aspects of 24 Intellectual Property Rights (‘TRIPS’). However, rather than simply introducing pharmaceutical product patents and leaving it at that, the Indian Parliament also introduced several safeguards, such as post-grant oppositions, rigorous patentability standards for pharmaceutical inventions [Section 3(d)], liberal parallel import and Bolar provisions, so as to retain some space for generic manufacturer to continue producing affordable versions of important medications. Parliament further strengthened compulsory licensing and revocation provisions that were already present in the 1970 Patents Act including inter alia, by introducing an additional ground for permitting compulsory licensing for drug exports to countries with no manufacturing capacity. 44. Despite the above safeguards, a number of patented lifesaving drugs remain highly priced and unaffordable to a vast majority of our population. This is more than amply demonstrated by the compulsory licence dispute mentioned earlier, where Bayer Corporation, a German Patentee priced a critical cancer drug at Rs. 2.8 lakhs a month. Owing to the excessive price and the fact that the drug was affordable to little over 2% of the entire patient population, the Patent Office granted a licence in favour of NATCO Pharma Ltd, a domestic generic company which undertook to sell this at Rs. 8,800 a month. This finding of the IPO was then endorsed by the IPAB (dated 04.03.2013) and the Bombay High Court (dated 15.07.2014), which noted that: …..it must be pointed out that Section 84(7) of the Act provides a deeming fiction which deems that reasonable requirement of the public is not satisfied, if the demand for 25 patented article is not met to an adequate extent. The Parliament has deliberately used the word “adequate extent”. The aspect of adequate extent would vary from article to article. So far as luxury articles are concerned the meeting of adequate extent test would be completely different from the meeting of adequate extent test so far as medicines are concerned. In respect of medicines the adequate extent test has to be 100% i.e. to the fullest extent. Medicine has to be made available to every patient and this cannot be deprived/scarified at the altar of rights of patent holder. In fact this is the mandate of Parliament by providing for Compulsory Licensing. 45. As can be seen from the above, even if a single patient does not have access to the patented medicine, the patent cannot be said to have been sufficiently worked and the patentee has effectively failed in its important duty to satisfy the reasonable requirements of the public. 46. It is humbly submitted that without full and complete patent working data, the compulsory licensing and revocation provisions will come to naught. It bears noting that NATCO relied significantly on Bayer’s Form 27 submissions for Nexavar® in order to demonstrate that Bayer was not able to satisfy the reasonable requirements of the drug in so far as the public were concerned. It also relied on the FORM-27 submissions to demonstrate that the patent was not being “worked” (manufactured) in India, an argument that the Controller of Patents agreed 26 with. Thus, patent working data is critical for triggering the compulsory licensing and revocation provisions. If this trigger is made more difficult by keeping the data secret and opaque, it will ultimately affect consumers by denying them potentially more affordable technologies and goods, a concern most starkly felt in the area of life saving/extending medicines, such as Bayer’s Nexavar. 47. The grant of a compulsory licence has, however, earned severe brickbats from the pharmaceutical industry lobby, as also the US and EU governments. A ferocious campaign against compulsory licensing norms and the disclosure of patent working norms has been underway ever since the grant of India’s first post TRIPS compulsory licence. In one such brazen attempt at pressuring India to change its law, the Intellectual Property Owners Association (‘IPOA’) sought the intervention of the United States (‘US’) government to force India to do away with the FORM-27 patent disclosure norms. Their submissions before the United States Trade Representative (‘USTR’) dated 07.02.2014 states that: Not only is this “Form 27” process highly burdensome from an administrative point of view, but we are concerned that the information that is provided could be eventually used to justify compulsory licenses in a variety of industries, as specifically contemplated in the Form. Recently, submission of Form 27 have become publicly available, which is likely to result in even greater pressure on Indian authorities to compulsory license the covered products. 27 48. Given that this political pressure from the US has only intensified in the recent past, it is conceivable that the Respondent authorities may be even more lax in their implementation of the patent working disclosure mandate, a mandate that serves a valuable function and lies at the very heart of a well-functioning patent system. A copy of the IPOA submissions made before USTR dated 07.02.2014 is annexed herewith as ANNEXURE P-17. 49. Lastly, it bears noting that the failure to work a patented invention impacts the prospect of obtaining a restraining order or injunction against an alleged infringer. In Franz Xaver Humer v. New Yash Engineering (ILR (1996) 2 Del 791), this Hon’ble court refused to grant an injunction to the Plaintiff-Patentee for not having worked the patented invention. 50. Further, Section 108(1) of the Act entitles the Patentee or her exclusive Licensee, to obtain an injunction and seek either damages or accounts of profits against any infringer. In awarding the said reliefs, Section 109(1) requires the Court to consider the loss suffered or likely to be suffered as a result of infringement. It is humbly submitted that patent working information disclosed through FORM-27 is critical to determining such “loss”. Therefore, it is critical that this information be disclosed by all patentees in meticulous detail. 51. In a nutshell, Indian patent law imposes intellectual property duties on IP owners in order that they might serve the interests of the public. A violation of such duties results in three key sanctions: 28 (a) Grant of compulsory licence against the patent in accordance with Chapter XVI of the Act; (b) Revocation of the patent as under Section 85; (c) A denial of an injunction and other remedies provided under Section 108 against infringers; 52. Given the importance of the working requirement and the need to ensure that compulsory licensing and revocation proceedings are given effect to, it is absolutely critical that information around working be made available to the public in a transparent, comprehensive and accessible manner. FORM-27 declarations are a key tool for promoting such transparent disclosure and must be implemented and enforced meaningfully. (B) HIGH TECHNOLOGY PATENTS AND TROLLS 53. While the pharmaceutical sector is beset with issues of patent abuse in the form of high drug prices and unaffordability for the ordinary consumer, the high technology sector, particularly telecommunications, is plagued with issues of blocking patents and trolls. 54. A Patent Troll, also known as a Patent Assertion Entity (PAE) or a Non-Practicing Entity (NPE), refers commonly to a Patentee who is uninterested in working the patent by translating it into an innovative product or technology that will benefit society at large. Rather such a patentee effectively hoards the patent in a bid to extract undue rents from a legitimate third party inventor who happens to step on the patent (mostly incidentally) in the course of developing one or more of their innovative products. In other words, the sole purpose of a Patent Troll is to use the patent as a rent-seeking instrument from legitimate 29 innovators who undertake product development and are prone to accidentally stepping on the toes of the troll patentee. [See Danier P. McCurdy, Patent Trolls Erode the Foundation of the U.S. Patent System, SCIENCE PROGRESS (JAN. 12, 2009); Gerald N. Magliocca, Blackberries and Barnyards: Patent Trolls and the Perils of Innovation, 82 NOTRE DAME L. REV. 1809, 1801 (2007)] 55. Aggressive patent assertion by trolls impacts innovation in a serious way and creates market inefficiencies, thereby prejudicing public interest. This has prompted several nations to initiate patent reform, including the US which is now considering a new bill, namely, the Saving High-Tech Innovators from Egregious Legal Disputes Act of 2013 (‘SHIELD Act’). The Act forces Trolls to pay defendant and attorney costs in the event that they lose the patent infringement suit. 56. Closer home in India, S. Ramkumar attained notoriety as a patent troll, deploying a bogus patent to extract excessive rents from a variety of telecom companies. He filed a Patent Application (Ref. 161/MAS/2002) on 04.03.2002 titled “Mobile phone with a plurality of simcards allocated to different communication networks” (‘Dual SIM switching technology’) and obtained a patent (Patent No. IN214388) on 11.02.2008. This was, however, revoked four (4) years later by the IPAB. In the meantime, the Patentee managed to extort large sums of money from importers of dual SIM phones including inter alia by an ex parte interim injunction against several telecom companies, such as Samsung, Mirc Electronics and Spice Mobile, to restrain them from manufacturing, importing and selling dual SIM handsets. The patent was finally revoked by the IPAB on 30 01.06.2012 since it was neither new nor inventive, but by then, a number of technology companies had paid out huge sums of money in what can only be described as patent extortion of the worst sort. It is pertinent to note that the patent specification did not even offer any indication of how the proposed new innovative idea outlined in the patent would work. At no point did the Patentee have any plans for building a technology or product out of the registered patent. Rather the sole aim of registering the patent was to extort money from technology companies that would in some way step on the patent whilst building their products. 57. The Indian patent regime has a number of provisions, such as compulsory licensing (for non-working) to guard against such trolling activity. However, a full and complete disclosure of working information under FORM27 is critical to triggering such safeguards, for it tells the public whether or not the Patentee has worked or intends to work the patent or has merely registered it with an intent to extract rents, as a troll does. Unfortunately, none of the patentees surveyed in this sector have complied with the letter and spirit of the working disclosure norms and have failed to supply adequate information through their Form 27 filings. 58. Given the various complexities involved in the high technology sector, the lack of transparent information around patent working makes it difficult for honest competitors to assess patent risks, as they undertake research and development on a technology and may inadvertently step on a patent or two. 31 (C) PATENT: PRODUCT LINKAGE 59. Another significant advantage of the patent working requirement is in assessing the link between patents and innovation/product development. 60. The working disclosure requirement generates valuable information on how a patent is being worked or translated into a commercial product. If the goal of the patent regime is to incentivize innovation (through the emergence of superior technological products and offerings), it is only logical that the rights-holder be compelled to submit this information on a regular basis. (E) COMPETITION LAW & ABUSE OF DOMINANCE 61. Apart from the Patents Act, the Competition Act, 2003 also contains provisions to regulate abusive excesses by rightsholders. Section 4 of the Act prohibits a dominant player in the market (eg., a patentee with a clear dominant share of the market) from engaging in any of the following practices: (a) imposing unfair or discriminatory conditions for sale or price to access the patented product; (b) limiting or restricting production or development of the patented product thereby causing prejudice to consumers; (c) denial of market access; (d) Leveraging dominance in one market to enter or protect other relevant markets; 62. In fact, the Competition Commission of India (‘CCI’) has, in the recent past, initiated investigations against Ericsson Inc., on allegations of abuse of dominant position in their 32 patent licensing practices covering AMR, 3G and EDGE technologies. Needless to state, the public disclosure of working information is absolutely critical for the CCI’s investigation and assessment of the full extent to which Ericsson has used and worked the patents till date. The Petitioner was, however, shocked to find out that Ericsson refused to disclose the details of patent working and licensing practices under the garb of confidentiality. In other words, Ericsson did not include any of these details in its FORM-27 filings. VI. DEFECTS IN FORM-27 FORMAT 63. The information necessary for the Respondent authorities to effectively monitor the working of patents must contain such particulars as would enable one to determine whether or not the patented invention is satisfying the reasonable requirements of the public (through supply in adequate quantities as well as at a reasonably affordable price to the public). This information is absolutely critical for triggering the compulsory licensing and revocation provisions and thereby ensuring that the public at large have the potential to access affordable medications etc. The current version of FORM-27 is, however, far from satisfactory, inasmuch as the necessary particulars are vaguely worded and fails to call for a number of important particulars relating to the working of patents, as highlighted below: (1) It is a matter of serious concern that a critical part of FORM-27 merely asks patentees and licenees to “give whatever details are available” without mandating such disclosure in stronger terms, given that it is a statutory mandate under section 146 (to disclose the 33 full extent of commercial working of the patent). Owing to this loose wording, patentees and licensees have taken this column lightly and provide vague information without being specific. (2) Paragraph 3(i)(b) of the current FORM-27 states: If worked: quantum and value (in Rupees), of the patented product: i) manufactured in India. ii) imported from other countries. (give country wise details) This, however, fails to capture the actual sale of the patented invention in India. For it is not clear what is meant by “value” of the product. Furthermore, the present format is insufficient to assess the extent to which the patented invention or product is able to meet the reasonable requirement of public. When it comes to patented drugs, for instance, it is necessary to know the required dosage per patient to effectively assess as to how many patients are being served through the supply of the patented product. This aspect was critical factor in the grant of first compulsory licence in relation to Nexavar®. Both the Controller of Patents that decided to grant this licence at the first instance and the appellate authorities (IPAB and Mumbai High Court) that upheld the grant of this licence had to determine the total number of patients requiring the drug as against the total number of patients actually receiving the drug from Bayer’s sales in the market. 34 (3) Paragraph 3(ii)(b) of the current FORM-27 vaguely requires patentees to disclose licensing information. The form states: “give whatever details are available: the licences and sub-licences granted during the year.” Due to the lack of precision, a number of submissions do not adequately disclose details of licensees or licensing arrangements. Therefore, in order to make for a more effective assessment, this provision ought to clearly ask whether the patent has been licenced in the first place; if so, it must then call for more elaborate details, such as the names of licensees, broad terms of licence, whether products are being manufactured under the licence, whether such licenses are exclusive or not, etc. It is humbly submitted that this requirement may not pose too much an onerous obligation, as patentees are already known to submit such information to tax authorities and internally capture this information for accounting and other commercial purposes. (4) The FORM-27 declaration merely requires patentees to state whether or not the reasonable requirement of the invention to the public have been met. However, this vague and broad question is non-sensical, since it is likely to be met with only one standard response from all patentees, namely that they are satisfying the reasonable requirements of the public. One is hard pressed to think of any patentee that would state otherwise, and our FORM-27 investigations do not disclose a single filing that states so. Rather than merely asking the patentee to self attest whether or not it believes it is satisfying the reasonable requirements of the public, the FORM-27 declaration 35 ought to call for more particular information as would help make this assessment. In particular, the patentee ought to be asked to submit the following: i) estimated demand of the patented invention or product; ii) extent to which the demand has been met (i.e., availability); iii) details of any special schemes or steps undertaken by the patentee to satisfy the demand. (5) Few patentees have stated that the reasonable requirements of the public are met through Patient Assistance Programs (‘PAPs’). However, they fail to disclose the extent of such assistance actually provided to patients. (6) In the high technology sector, the same patent can be deployed in multiple products or technologies and therefore the working requirement should capture all of these potential manifestations of the patent. In all such cases, the patentee must be made to disclose all of the technologies, applications and products where the patent is so deployed or used. Since the current FORM-27s do not call specifically for this information, patentees typically disclose only one application or product. (7) Conversely, it is often the case with telecommunications and other technology sectors, that one product may contain multiple patents underlying it. Therefore, it is critical that the working disclosure norms require the rights-holder 36 to furnish a complete list of patents and patent applications covering that particular technological product. Illustratively, if Siemens owns the patents covering the CDMA technology (a technology standard), it ought to disclose all related patents in each of the FORM-27 filings relating to the various patents covering CDMA technology. In short, every patentee that holds multiple patents that cover a single product must disclose other “related” patents in their FORM-27 for each such patent. And the present Form 27 format ought to be amended to mandate this information. A failure to disclose such information adversely impacts innovation and competitors significantly, as it unduly increases their search costs in all cases where there are potentially multiple patents covering the same product. 64. It is, therefore, submitted that the current format of FORM-27 is wholly insufficient to achieve the objects sought to be achieved by the Patents Act, namely that of diffusing full and complete information around the existence and extent of the commercial working of a patent, such that it helps trigger the compulsory licensing and revocation provisions in appropriate cases. The lack of access to patent working information directly impacts the possibility of such trigger and denies consumers and the wider public the potential to access more affordable patented technologies, a concern most starkly felt in the area of patented medicines and public health. 37 65. True copies of the FORM-27 filings surveyed by the Petitioner, along with his RAs, is annexed herewith as ANNEXURE P-18. GROUNDS A. That under Sub-section (2) of Section 146 of the Act, every patentee or licensee, as the case maybe, is mandatorily required to submit a statement on the extent to which the patented invention has been worked on a commercial scale in India in the manner provided under Rule 131 of the Patents Rules and in accordance with the format prescribed in FORM-27 under Schedule II to the Patent Rules. B. That there is a widespread non-compliance with Sub-section (2) of Section 146 read with Rule 131 of the Patents Act and Rules, by several patentees and licensees. C. That the failure by Respondents in initiating proceeding against errant patentees and licensees under Section 122 for non-filing and incomplete filing of FORM-27s is arbitrary, illegal, and a gross dereliction of a public duty. D. That the failure of Respondent authorities in ensuring compliance with statutorily prescribed mandatory disclosure norms on commercial working of patents is seriously prejudicial to the public and violative of Articles 19(1)(a), 19(1)(g) and 21 of the Constitution. E. That the de facto waiver of working disclosure requirements in favour of licensees is arbitrary, 38 illegal, unfounded and violative of provisions of the Patents Act and Rules. F. That the rights-holders stand to gain tremendously, albeit unfairly to the detriment of public interest, by suppressing critical patent working information and further scuttling any potential efforts at generating information as may potentially subject them to compulsory licensing and revocation. G. That without full and complete patent working information, it is very difficult to trigger the compulsory licensing and revocation provisions; provisions that are absolutely essential for ensuring that the reasonable requirements of the public are satisfied by third party competitors who can supply them with accessible and affordable goods or services, particularly affordable medications. H. That the lack of transparent disclosure will make it impossible for honest competitors to assess their IP risks thereby stifling competition, innovation and industrial growth, and hence detrimental to public interest. That this would in turn impact the public at large, who are denied potential access to the prospect of more affordable goods or services from competitors. I. That the current format of FORM-27 is grossly insufficient to evaluate the commercial working of the patent for reasons enumerated in Paragraph 60- 64 above, and hence contrary to the objectives of the Patents Act. 39 J. That the e-filing facility provided to enable electronic filing of patent working information is grossly defective inasmuch as it fails to call for full information as specified in FORM-27 under Schedule II of the Patents Rules. K. That the disclosure of patent working information will ensure a well-functioning patent system that has a credible link between a twenty year monopoly and the conversion of this exclusive legal right into a valuable product/knowledge for society. L. That the inaction by Respondent authorities enables patentees to escape public scrutiny of their efforts in working their patents, thereby causing prejudice to the social bargain underlying the patent system and undermining its very objective. And making it more difficult to trigger the compulsory licensing and revocation provisions, and consequently impacting the public at large by denying them potentially cheaper and more accessible products and services, particularly affordable medications. M. That the Petitioner craves the leave of this Hon’ble Court to urge additional grounds at the time of hearing. 59. The Petitioner has not filed any other petition before the Hon’ble Supreme Court of India or before this Hon’ble Court, praying for similar reliefs. There is no other efficacious appeal or remedy in any other court or forum available to the petitioner herein. 40 60. This Hon’ble Court has jurisdiction to entertain the instant Petition. 61. The Petitioner reserves the right to add, alter, amend the contents of the Petition and file such application as maybe required in the bona fide interest of justice. PRAYER WHEREFORE the Petitioner respectfully pray that this Hon’ble Court may, in public interest, be pleased to: (1) Issue a Writ of Mandamus, or any other appropriate writ or order directing Respondent authorities: i. To strictly enforce compliance with Section 146(2) read with Rule 131(1) of the Patents Act, 1970 and Rules thereunder in relation to disclosure of information on commercial working of patent by every patentee and licensee; ii. To initiate proceedings under Section 122(1) of the Patents Act, 1970 against errant patentees and licensees who have failed to comply with the mandatory requirement of Section 146(2) read with Rule 131(1) of the Patents Act, 1970 and Rules; iii. To issue notices under Section 146(1) of the Patents Act, 1970 to patentees and licensees to furnish true and complete information in relation to incomplete disclosure of information on commercial working of the patent; 41 iv. To immediately rectify the ‘comprehensive online filing services for patents’ to enable patentees and licencees to submit full and complete working information; v. To publish and upload the entire information relating to commercial working of all patents for all years of operation of the patent on their website as per Section 146(3) of the Patents Act, 1970 and Rules thereunder; (2) To declare that the present format of FORM-27 as contained in Schedule II of the Patents Rules, 2003 is insufficient to sub-serve the purpose of the Patents Act, 1970; (3) To constitute a committee of experts to suggest reforms to improve the public disclosure norms around the commercial working of patents; (4) Grant such other reliefs, including the costs of this writ petition, in the interests of justice. FILED BY: Date : 21.05.2015 N. SAI VINOD Place : New Delhi Advocate for the Petitioner D-131, Panchsheel Enclave, New Delhi – 110 017 42 IN THE HIGH COURT OF DELHI AT NEW DELHI (Extraordinary Writ Jurisdiction) WRIT PETITION (C) NO. OF 2015 IN THE MATTER OF A PUBLIC INTEREST LITIGATION SHAMNAD BASHEER … PETITIONER VERSUS UNION OF INDIA & OTHERS … RESPONDENTS AFFIDAVIT I, Shamnad Basheer, son of Mr. M. M. Basheer, aged about 38 years, resident of “Nishad”, Kulathupuzha, Quilon District, Kerala – 691 310, having office at IDIA Charitable Trust, C/o. Spire, No. 45, 2nd Floor, Jubilee Building, Museum Road, Bangalore – 560 025, presently in New Delhi, do hereby solemnly affirm and state as follows: 1. That I am the Petitioner in the above named Petition. 2. That I filed the present petition as a Public Interest Litigation. 3. That I have gone through the Delhi High Court (Public Interest Litigation) Rules, 2010 and do hereby affirm that the present Public Interest Litigation is in conformity thereof. 4. That I have no personal interest in this litigation and neither myself nor anybody connected is interested would in any manner benefit from the relief sought in the present litigation, save as a member of the General Public. This petition is not guided by self-gain or gain of any person, institution, body and there is no motive other than of public interest in filing this petition. 43 5. That I have done whatsoever inquiry/investigation which was in my power to do, to collect all data/material which was available and which was relevant for this court to entertain the present petition. I further confirm that I have not concealed in the present petition any data/material/information which may have enabled this court to form an opinion whether to entertain this petition or not and/or whether to grant any relief or not. DEPONENT VERIFICATION Verified at New Delhi on this …….. day of May, 2015, that the contents of this affidavit are true and correct to the best of my knowledge and belief, no part of it is false and nothing material has been concealed therefrom. DEPONENT 44 APPENDIX-A I. PATENTS ACT, 1970 Chapter XVI Working of Patents, Compulsory Licenses and Revocation 83. General principles applicable to working of patented inventions.- Without prejudice to the other provisions contained in this Act, in exercising the powers conferred by this Chapter, regard shall be had to the following general considerations, namely;— a. that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay; b. that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article; c. that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations; d. that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of India; e. that patents granted do not in any way prohibit Central Government in taking measures to protect public health; f. that the patent right is not abused by the patentee or person deriving title or interest on patent from the patentee, and the patentee or a person deriving title or 45 interest on patent from the patentee does not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology; and g. that patents are granted to make the benefit of the patented invention available at reasonably affordable prices to the public. 84. Compulsory license.- (1) At any time after the expiration of three years from the date of the grant of a patent, any person interested may make an application to the Controller for grant of compulsory licence on patent on any of the following grounds, namely:— (a) that the reasonable requirements of the public with respect to the patented invention have not been satisfied, or (b) that the patented invention is not available to the public at a reasonably affordable price, or (c) that the patented invention is not worked in the territory of India. (2) An application under this section may be made by any person notwithstanding that he is already the holder of a licence under the patent and no person shall be estopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price by reason of any admission made by him, whether in such a licence or otherwise or by reason of his having accepted such a licence. (3) … (4) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not 46 worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price, may grant a licence upon such terms as he may deem fit. 85. Revocation of patents by the Controller for non-working.- (1) Where, in respect of a patent, a compulsory licence has been granted, the Central Government or any person interested may, after the expiration of two years from the date of the order granting the first compulsory licence, apply to the Controller for an order revoking the patent on the ground that the patented invention has not been worked in the territory of India or that reasonable requirements of the public with respect to the patented invention has not been satisfied or that the patented invention is not available to the public at a reasonably affordable price. (2) … (3) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that patented invention has not been worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price, may make an order revoking the patent. (4) … 91. Licensing of related patents.- (1) Notwithstanding anything contained in the other provisions of this Chapter, at any time after the sealing of a patent, any person who has the right to work any other patented invention either as patentee or as licensee thereof, exclusive or otherwise, may apply to the Controller for the grant of license of the first mentioned patent on the ground that he is prevented or hindered without such licence from 47 working the other invention efficiently or the best advantage possible. Chapter XX PENATLIES 106. Power of court to grant relief in cases of groundless threats of infringement proceedings.- (1) Where any person (whether entitled to or interested in a patent or an application for patent or not) threatens any other person by circulars or advertisements or by communications, oral or in writing addressed to that or any other person, with proceedings for infringement of a patent, any person aggrieved thereby may bring a suit against him praying for the following reliefs, that is to say— (a) a declaration to the effect that the threats are unjustifiable; (b) an injunction against the continuance of the threats; and (c) such damages, if any, as he has sustained thereby. (2) Unless in such suit the defendant proves that the acts in respect of which the proceedings were threatened constitute or, if done, would constitute, an infringement of a patent or of rights arising from the publication of a complete specification in respect of a claim of the specification not shown by the plaintiff to be invalid the court may grant to the plaintiff all or any of the reliefs prayed for. Explanation.—A mere notification of the existence of a patent does not constitute a threat of proceeding within the meaning of this section. 108. Relief in suit for infringement.- 48 (1) The reliefs which a court may grant in any suit for infringement include an injunction (subject to such terms, if any, as the court thinks fit) and, at the option of the plaintiff, either damages or an account of profits. (2) The court may also order that the goods which are found to be infringing and materials and implements, the predominant use of which is in the creation of infringing goods shall be seized, forfeited or destroyed, as the court deems fit under the circumstances of the case without payment of any compensation. 109. Right of exclusive licensee to take proceedings against infringement.- (1) The holder of an exclusive licence shall have the like right as the patentee to institute a suit in respect of any infringement of the patent committed after the date of the licence, and in awarding damages or an account of profits or granting any other relief in any such suit the court shall take into consideration any loss suffered or likely to be suffered by the exclusive licensee as such or, as the case may be, the profits earned by means of the infringement so far as it constitutes an infringement of the rights of the exclusive licensee as such. (2) In any suit for infringement of a patent by the holder of an exclusive licence under sub-section (1), the patentee shall, unless he has joined as a plaintiff in the suit, be added as a defendant, but a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. 122. Refusal or failure to supply information.- (2) If any person refuses or fails to furnish— 49 (a) to the Central Government any information which he is required to furnish under sub-section (5) of section 100; (b) to the Controller any information or statement which he is required to furnish by or under section 146, he shall be punishable with fine which may extend to ten lakh rupees. (3) If any person, being required to furnish any such information as is referred to in sub-section (1), furnishes information or statement which is false, and which he either knows or has reason to believe to be false or does not believe to be true, he shall be punishable with imprisonment which may extend to six months, or with fine, or with both. Chapter XXIII Miscellaneous 146. Power of Controller to call for information from patentees.- (1) The Controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee, exclusive or otherwise, to furnish to him within two months from the date of such notice or within such further time as the Controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in India as may be specified in the notice. (2) Without prejudice to the provisions of sub- section (1), every patentee and every licensee (whether exclusive or otherwise) shall furnish in such manner and form and at such intervals (not being less than six months) as may be prescribed statements as to the extent to which the patented invention has been worked on a commercial scale in India. 50 (3) The Controller may publish the information received by him under sub- section (1) or sub- section (2) in such manner as may be prescribed. II. PATENTS RULES, 2003 131. Form and manner in which statements required under section 146(2) to be furnished.- (1) The statement shall be furnished by every patentee and every licensee under sub-section (2) of section 146 in Form 27 which shall be duly verified by the patentee or the licensee or his authorized agent. (2) The statement referred to in sub-rule (1) shall be furnished in respect of every calendar year within three months of the end of each year. (3) The Controller may publish the information received by him under sub-section (1) or sub-section (2) of section 146 in the Official Gazette and in such other manner as he may deem fit. 51 APPENDIX-B FORM 27 THE PATENTS ACT, 1970 (39 of 1970) & The Patents Rules, 2003 STATEMENT REGARDING THE WORKING OF THE PATENTED INVENTION ON COMMERCIAL SCALE IN INDIA [See section 146(2) and rule 131(1)] 1. Insert name, address and nationality. In the matter of Patent No……….. of …........... I/We...…………………………………………… ……….……….………………………………….. 2. State the year to which the statement relates The patentee(s) or licencee(s) under Patent No …………… hereby furnish the following statement regarding the working of the patented invention referred to above on a commercial scale in India for the year …………… 3. Give whatever details are available. i. The patented invention: { } Worked { } Not Worked [Tick (√) mark the relevant box] (a) if not worked: reasons for not working and steps being taken for working of the invention (b) If worked: quantum and value (in Rupees), of the patented product: i) manufactured in India. ii) imported from other countries. (give country wise details) ii. the licences and sub-licences granted during the year; iii. state whether public requirement has been met partly/adequately/to the fullest extent at reasonable price. 4. To be signed by person(s) giving the statement Signature ………………….. To The Controller of Patents, The Patent Office, at …………………………. 52 ANNEXURE P-1 SHAMNAD BASHEER Managing Trustee, IDIA Charitable Trust C/o. Spire No.45, 2nd Floor, Jubilee Building Museum Road, Bangalore 560 025 ( shamnad@gmail.com : 9818825148) I. ACADEMIC QUALIFICATIONS DPhil (PhD): University of Oxford (2013) MPhil: University of Oxford (2004-2005) BCL (distinction): University of Oxford (2002-2003) BALLB (Hons.): National Law School of India University (NLSIU), India (South Asia’s leading law school) II. CURRENT POSITIONS x Founder and Managing Trustee, IDIA (Increasing Diversity by Increasing Access to Legal Education) (2010 onwards) x Visiting Professor, Masters in Public Policy Programme, National Law School of India University, Bangalore: (2015 onwards) x Associate, Oxford IP Research Center (OIPRC), Univ of Oxford: (2004 onwards) x Founder, SpicyIP, a blog dedicated to Indian IP (rated by MIP as one of 50 most influential IP personalities) x Founder, Promoting Public Interest Lawyering (P-PIL), a forum to leverage synergies between legal academia and practice to achieve shared public interest goals. x Member, Expert Committee on Access and Benefit Sharing, National Biodiversity Authority (NBA): (2012 onwards) x Research Affiliate, IP Osgoode, Canada: (2008 onwards) x Founder, Lex Biosis, a collaborative initiative between lawyers and law students to enhance clinical learning x Founder, CLAM, an online platform for collaborative policy making x Editorial Board, Journal of Intellectual Property Rights (JIPR): (2011 onwards) x Advisory Panel Member, Indian Journal of Intellectual Property Law: (2008 onwards) x Editorial Board Member, India Business Law Journal: (2007 onwards) x Editorial Board Member, Christ College Law Review x Editor: PharmAsia (Portal dealing with pharmaceutical news from Asia) x Founder member of EDIP, an online intellectual property database x Apex Member, Patent Facilitating Centre, TIFAC x Member, Academic Council, NUALS, Cochin x Member, Academic Council, University of Allahabad III. PAST POSITIONS (ACADEMIC/ RESEARCH) x Ministry of HRD Chaired Professor in Intellectual Property Law, West Bengal National University of Juridical Sciences (NUJS), Kolkata, India: (November 2008-Feb 2014) x Frank H. Marks Visiting Associate Professor of Intellectual Property Law, George Washington University, Washington, US: (2008-2009) x Visiting Scholar, University of Washington School of Law, April-May 2012 x Expert, Global Advisory Council (IP), World Economic Forum (2011-2013) x Visiting Faculty, Munich IP Law Center, (May-July 2007) 53 x Member, India Project, GW University: (2006-2007) x Visiting Faculty, LSE Summer School in IP law: (May-June 2006) x Visiting Scholar, University of Illinois at Urbana Champaign, Illinois: (September 2005-January 2006) x Invited Research Fellow, Institute of Intellectual Property (IIP), Japan: (2003-2004) x Tutor, Sarah Lawrence Program, Wadham College, University of Oxford (Tutorials on Patent Law): 2003-2004 x Visiting Scholar, CUSAT, Cochin, 2012-2013 x Visiting Faculty, Indian Law Institute, New Delhi : 2000-2002 x Editor: Oxford Commonwealth Law Journal (2003-04) IV. PRACTICE/CONSULTANCY Anand and Anand – Leading Indian Intellectual Property Law Firm, Delhi Period : January 2000—end of 2002. Position : Was a Senior Associate and Head of Technology and Media Law Division. Practice Areas : Intellectual Property Litigation, Advisory and Transactional (dealing with technology transfers, licensing agreements etc). Intellectual Property Consultancy/Other Assignments: 1. Consultant, Innovate Legal, London (Jan 2008-present): advising on aspects of Indian pharmaceutical patent law. 2. Ongoing consultancy to various IP stakeholders (government, intergovernment agencies, law firms, NGO’s and policy think tanks) on various aspects of Indian intellectual property V. SCHOLARSHIPS, AWARDS AND DISTINCTIONS 2015: Infosys Award for research excellence in humanities (law), selected by jury headed by Nobel laureate, Prof Amartya Sen. 2014: Award for Excellence in IP Education (by LegalEra) 2014: SpicyIP, a blog I founded was rated by MIP as one of 50 most influential IP personalities for 2014.(and earlier for 2011) 2012: Amicus-Academic Intervenor in the Novartis vs UOI landmark patent case at the Indian Supreme Court. Made submissions to the court and argued for two days. 2012: Cited by the Controller General of Patents in his decision granting India’s first compulsory licensing decision (Natco vs Bayer) 2011: Selected to be on the Global Advisory Council for IP on the World Economic Forum (WEF) 2011: Rated as one amongst the top 10 patent academics whose works are downloaded the most from SSRN in 2011 (the only non US academic from the ten member list). 2010: Selected for the European Union Visitors Programme (EUVP) for year 2011 (a programme that facilitates dialogue between EUVP Fellows and EU Policy Makers) 2007: Awarded the first place in a writing contest held by ATRIP for an article dealing with the Novartis-Gleevec patent case in India. 2004: Awarded the second prize in a writing contest held by the Stanford Technology Law Review for an article on biotechnology and patent law in India. 54 2004: Awarded the MS Lin Scholarship to attend the Inter Pacific Bar Association (IPBA) conference in Seoul. 2003: Awarded the Wellcome Trust studentship prize and the Clarendon Scholarship for the Mphil/Dphil at Oxford. 2003: Awarded a distinction on the BCL at Oxford. 2003: Awarded the IBA (International Bar Association) scholarship. 2002: Awarded the Shell Centenary-British Chevening Scholarship for the BCL at Oxford. 2001: Awarded the second best prize by the Institute of Company Secretaries of India (ICSI) for an article on “Internet and Intellectual Property Rights”. VI. PROFESSIONAL QUALIFICATIONS 2005: Solicitor, UK 2002: Patent agent, registered with the Patent Office, India 1999: Advocate, Bar Council of India (called to the Bar in August 1999) VII. PROFESSIONAL AFFILIATIONS (past and present) 2008: Member of GLG (Gerson Lehrman Group) Council: group of experts/consultants in various disciplines 2002: International Bar Association (IBA) 2002: Inter Pacific Bar Association (IPBA) 2001: Computer Law Association (CLA) VIII. PROFESSIONAL AWARDS Rated as one of the leading technology lawyers in India by the IFLR 1000 guide (a Euromoney publication) in 2002. IX. PUBLICATIONS Books: Published: 1. When Intellectual Property Rights Overlap (co-edited with Neil Wilkof), OUP 2012. (Indian edition of book with Indian introductory chapter, OUP India 2013). Forthcoming: 1. Patent Law and Policy in India: A Developmental Perspective (forthcoming book by OUP: expected date: 2016) 2. Copyright Amendment Act (2012): A Fair Balance (forthcoming edited book by EBC: expected date: 2016) Book Chapters: 1. Pharmaceutical Patent Enforcement: A Developmental Perspective “Patent Law in Global Perspective” Bagley and Okediji (ed), OUP, 2014 2. The WIPO Development Agenda: Factoring in the “Technologically Proficient” Developing Countries "Implementing WIPO's Development Agenda" DeBeer (ed), (Wilfred Laurier University Press/Centre for International Governance Innovation/International Development Research Centre, Waterloo, Ontario, 2009). 55 3. Trademark Issues on the Internet: Domain Name Dispute Resolution, “Information Technology Law in India” (Indian Law Institute, New Delhi, 2004). 4. Media Laws in India ‘Investing in India’ (Asia Law and Practice, Euromoney Publications (Jersey) Limited, 2002). 5. E-commerce in India: An E-volving E-jurisprudence ‘Asian E-volution’ (Asia Law & Practice, Euromoney Publications (Jersey) Limited, 2001). Reports: 1. Was part of a team of international experts that prepared a WIPO Report on the Informal Economy and Intellectual Property (2014) 2. Led the team that prepared a WHO report on Intellectual Property and Public Health (2014). 3. Undertook a commissioned report for WIPO (Standing Committee on Patents) on exceptions/limitations to patents, as part of a team led by Professor Lionel Bentley. 4. Prepared a report on the state of IP infrastructure in India for the EU as part of the EU TIDP Project (2006). 5. Undertook an extensive survey of Indian Patent Law and prepared reports on the compulsory licensing regime, experimental use provisions and patent pooling in India on behalf of the Institute of Intellectual Property (IIP), Tokyo and Japanese Patent Office (JPO) in 2004. 6. Authored reports for the Intellectual Property Institute (IPI) on pharmaceutical patents and regulatory data protection. Papers (Refereed): 1. Alternative Incentives for Pharmaceutical Innovation, 27 Intellectual Property Journal (IPJ) 13, 2014. 2. The Invention of an Investment Incentive for Pharmaceutical Innovation, Journal of World Intellectual Property, (2012) Vol. 00, no. 00, pp. 1–60 3. How to Achieve International Action on Falsified and Substandard Medicines, British Medical Journal (BMJ), 2012;345:e7381 (with Amir Attaran et al) 4. The Doctrine of Equivalents in Various Patent Regimes: Does Anybody Have it Right?, 11 Yale J.L. & Tech. 261, 2009 [co-authored with 7 others, including The Hon. Sir Nicholas Pumfrey, Justice Meirbeck and Prof Adelman]). 5. Exhausting Copyrights and Promoting Access to Education: An Empirical Take Journal of Intellectual Property Rights, Vol 17, July 2012, pp 335-347 (coauthored with Khettry, Nandy and Mitra) 6. The Experimental Use Exception: A Developmental Perspective, IDEA Volume 50, Number 4, 2010, page 831-873 (with Prashant Reddy) 7. Outsourcing “Bayh Dole” to India: Lost in Transplantation, Columbia Journal of Asian Law, Volume 23, Number 2, Spring 2010 8. Turning TRIPS On Its Head: An IP “Cross Retaliation” Model for Developing Countries, Law and Development Review, Berkeley Press, Volume 1, 2010. 9. Section 377 and the 'Order of Nature': Nurturing 'Indeterminacy' in the Law?, NUJS Law Review, Vol.2, No. 3, 2009 10. The “Efficacy” of Indian Patent Law: Ironing out the Creases in Section 3(d), Volume 5, Issue 2, Script-ed, August 2008. (co-authored with Prashant Reddy) 11. 'Ducking' TRIPS in India: A Saga Involving Novartis and the Legality of Section 3(d) National Law School of India Review, Vol. 20, No. 2, pp. 131-155, 2008. 12. TRIPS, Patents and Parallel Imports: A Proposal for Amendment, Indian Journal of Intellectual Property Law , Vol. 2, pp. 63-86, 2009 (with M Kochupillai) 13. Exhausting' Patent Rights in India: Parallel Imports and TRIPS Compliance, Journal of Intellectual Property Rights, Vol. 13, pp. 486-497, September 2008 (with Mrinalini Kochupillai). 56 14. Popping Patented Pills: Europe and a Decade's Dose of TRIPs EIPR Volume 28 Issue 4 (May 2006). (with David Vaver) (in French translation as “Overdose de medicaments brevets: l’Europe dans un ‘TRIPS’ depuis dix ans” in Bernard Remiche & Jorge Kors (eds.), L’Accord ADPIC: dix ans après (Éds. Larcier, Brussels, 2007) 129; (reprinted in N. Sudarshan (ed.), Public Health and Law (ICFAI University, Law Books Division, Hyderabad, 2008). 15. India’s New Patent Regime: Aiding Access or Abetting Genericide International Journal of Biotechnology, 8 (5) 2006. 16. Taming of the Flu: Working Through the Tamiflu Patents in India Journal of Intellectual Property Rights 11(2)(2006) 113-124 (with Tahir Amin) 17. India’s Tryst with TRIPS: The Patents (Amendment) Act 2005 1 Indian J. L. & Tech. 15 (2005). (reprinted in in Edson Beas Rodrigues Jr. and Fabrício Polido (ed), Propriedade Intelectual (Rio de Janeiro, Elsevier, 2007) and in N. Sudarshan (ed.), Public Health and Law (ICFAI University, Law Books Division, Hyderabad, 2008). 18. Policy Style Reasoning at the Indian Patent Office Intellectual Property Quarterly (IPQ), 2005, 3, 309-323 (paper based on BCL thesis submitted at Univ of Oxford that was the winner of second prize in a contest by Stanford Technology Law Review (STLR)). 19. Block Me Not: Genes as Essential Facilities? Journal of Law, Technology and Policy (2005) Issue No 2, 55. (reprinted in Journal of Intellectual Property Rights, September 2006, 11(5) 309-390). Other Papers: 1. Indian Legal Education: Some Thoughts for Reform, Concept Note Prepared for committee headed by Gopal Subramanium, SG, India. available at < http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1584037 > 2. The “Glivec” Patent Saga: A 3-d perspective on Indian patent policy and TRIPS Compliance, ATRIP, 2007 (Best Paper Award by ATRIP) 3. Block Me Not: Genes as Essential Facilities: IIP, International Collaboration on Intellectual Property, Tokyo, 2003. 4. Regulatory Data Protection under Article 39.3 of TRIPS: Towards a Compensatory Liability Standard, India Paper No 108, Intellectual Property Institute (IPI), London (Commissioned by the IPI and available at ) 5. TRIPS Compatibility Review of the Patents Amendment Act 2005, India Paper No 106, Intellectual Property Institute (IPI), London (Commissioned bhy the IPI and available at ). 6. The Patents Amendment Act, 2005: Implications In and Outside India, 62 IIP 43 (with Mrinalini Kochupillai). 7. Unleashing the True Potential of Convergence: Will the Law be a Damp Squib, ‘Computer and Telecommunications Law Review’ (Sweet and Maxwell, London November 2002). 8. IP Owners Win Indian World Cup Contest ‘Managing Intellectual Property’ (Sweet and Maxwell, London, August 2002). 9. India Liberalizes Domain Name Policy ‘International Internet Law Review’ (Sweet and Maxwell, London, Feb 2001). 10. Patenting Genes and Gene Sequences: The Next El Dorado (EDIP [Electronic Database of Intellectual Property], Oxford, January 2001) 11. Confidentiality of Genetic Information: Need for Legislation 5 Law & Medicine 101 (1999) 12. Cash in on Geno-Dollars ‘Science Express’ May 2000 13. Internet and Intellectual Property Rights 30 (8) Chartered Secretary (August 2000). 14. Establishing Rights/Legitimate Interests in a Domain Name: Cyber squatters Get Creative ‘Computer and Telecommunications Law Review’ (Sweet and Maxwell, London, January 2001). 57 15. Compulsory Licensing Under Competition Law: the Concept of Essentiality Know IP - Stockholm Network Monthly Bulletin on IPRS, Vol 2, Issue 1, February 2006. Newspaper Editorials: 1. These Rancid Rankings, Indian Express, Feb 10, 2015 (critiquing IP rankings for their flawed methodology). 2. Patented Price Gouging and the Enduring Enigma of Drug Costs, LiveMint, December 17, 2014 (advocating that drug makers be forced to disclosed individual R&D costs for drugs) 3. Fixing the Tribunal Mess, Financial Express, Oct 10, 2014 (analyzing the SC decision striking down the National Tax Tribunal as Unconstitutional) 4. New Drug Era, Indian Express, September 27, 2014, (highlighting the erosion of the innovator:generic divide) 5. Judging a Democratic Deficit, Indian Express, September 9, 2014 (advocating that there be public consultation in all Indian law/policy making) 6. Patently Positive, Financial Express, June 20, 2014 (arguing that Indian IP law is not biased and protective of IP owners too) 7. Innovation that Includes, Indian Express, April 26, 2014 (discussing the need to democratize the innovation ecosystem and make it “inclusive”) 8. From Ambedkar to Doniger: Can Copyright Law Rescue Books at Risk, Firstpost, March 28, 2014 (discussing compulsory licensing, copyright and free speech). 9. Patent Error, Indian Express, Feb 20, 2014 (critiquing the US industry ranking of Indian IP) 10. When Fair is Foul, and Foul is Fair, Hindu, December 30, 2013 (discussing the Khobrogade scandal and sexual harassment controversies in India and why a strict legal view is not the answer) 11. Patent Lies and Convenient Truths, Hindu, September 4, 2013 (discussing the hypocrisy of the US in the international IP dialogues) 12. Why Students Need the Right to Copy, Hindu, April 26, 2013 (discussing the OUP copyright case against Delhi University pertaining to student photocopying). 13. Patent with a Purpose, Indian Express, April 3, 2013 (analyzing the Novartis decision in the larger context of Pharma Innovation Policy). 14. Publishers vs Students, Indian Express, August 30, 2012 (discussing the copyright photocopying controversy between Delhi University and book publishers) 15. Set the Bar Higher, Indian Express, May 2012 (discussing the future of legal education reform in India) 16. CLAT: A Question of Aptitude, Times of India, April 9, 2012 (discussing CLAT and strategies for preparation) 17. A Life Saver, Indian Express, March 15, 2012 (discussing India’s first compulsory licensing order) 18. Let’s Bridge the Democratic Deficit, Times of India (Crest Edition), 16 April 2011 (advocating for opening up the policy making process in the wake of Hazare agitation) 19. Govt for Legalising Parallel Import of Copyright Works; Publishers Oppose, Economic Times 17 March 2011 (dealing with parallel imports and access to education) 20. Remainders of the Day: A Case for Parallel Imports (dealing with parallel imports of books), Mint, 25 Feb 2011. 21. Build Patent Regime on Fortified Law, Economic Times, 7 October 2010 (with Prashant Reddy: discussing the unconstitutionality of the present compulsory licensing scheme) 22. In the Service of Privacy, Times of India (Crest Edition), 7 August 2010 (advocating for a privacy legislation) 23. Sold for a Song, Indian Express, 16 July 2010 (advocating for better remuneration and royalties for copyright artists, lyricists and musicians. 58 24. Don’t Burn the Digitial Books, Indian Express, Feb 11, 2010 (dealing with copyright issues in the context of the Google Book Search project) 25. ‘3 Idiots’ and the Morality of Numbers, Indian Express, Jan 7, 2010 (dealing with the copyright controversy involving Chetan Bhagat and the movie 3 Idiots) 26. Saying No to the Wrong Drugs, Indian Express, September 24, 2009 (dealing with definition of spurious drugs) 27. Encouraging Drug Innovation, Mint, August 27, 2009 (dealing with the revised Mashelkar Committee Report) 28. The Law, Smoke and Mirrors, Mint, March 12, 2009 (dealing with a ban on the advertising of “smoking”) 29. Creating Informal IP Norms, Mint, December 23, 2008 30. A Method to the Madness, Mint, November 5, 2008 (discussing software patents in India). 31. Indian Patent Bill: Let's Not be too Hasty, Sci-Dev, 10 Sept 2008 (Bayh Dole Bill). 32. Make that Bargain Equitable, Mint, August 26, 2008 (discussing WTO-TRIPS and cross retaliation). 33. The Potency of a Middle Path, Mint, July 9, 2008 (discussing patents and drug regulation). 34. Break with Tradition, Indian Express, July 5, 2008 (discussing the Kerala TK protection model) 35. Ranbaxy-Daiichi Merger: An Emerging Ardhnarishwar Model? DNA, July 10, 2008. 36. The Rhetoric of Patent Busting, Indian Express, April 12, 2008 (discussing the Roche vs Cipla (Tarceva) litigation 37. Patent Problem DNA, August 29, 2007 (discussing the pharma vs generic wars( 38. Pharma MNCs Bullying Govt with China Sword? Economic Times, 14 August 2007. 39. Empty Allegations, DNA, Feb 25, 2007 (discussing the Mashelkar Committee Report Controversy) 40. Baazee, Bajaj, and Bailing out the Law, Economic Times, February 5, 2005 41. Of Generics, Pharmaceutical Patents and the Countdown to 2005: A Note to Policy Makers, Economic Times, 26th September 2004 (dealing with pharma mailbox applications). Interviews: 1. How to Secure Creative Capital, India Today (Aspire), April 2015. 2. Maverick Holistic Lawyers Career 360, 9th Jan, 2015 3. Novartis Verdict will Help Genuine Drug Innovation, The Hindu, 6 April 2013 4. The Current Patent System is Deeply Flawed, Frontline (May 2012), Volume 29, Issue 8. 5. Law and Behold, The Hindu 7th Jan 2011 (on the Common Law Admission Test [CLAT]) 6. Changemakers, Times of India, 2nd November 2011 (on legal education) 7. IDIA, Bar and Bench, May 5, 2010 (discussing IDIA project and access to education) 8. Access to Education, India Law Journal, June 2010 (discussing access to legal education) 9. Encourage Innovation with Holistic Approach The Hindu (13 October 2008) 10. The Novartis Saga — Prescription for Patent Strategy in India, The Hindu Business-Line (Sept 5, 2007) 11. We need to evolve our own set of distinctive intellectual property norms' The Hindu Business Line (Feb 24, 2007) 12. In Person Interview, Journal of Intellectual Property Law & Practice (2009) 4 (6): 447-448. 59 X. PAPER PRESENTATIONS AND WORKSHOPS 1. IP and Biodiversity, Kerala Biodiversity Congress, March 2015. 2. A Tale of Two Patents, Conference by Univ of Washington and ISIL, New Delhi, Jan 2015 3. India and Trade Secrecy, WTO Public Forum on Trade Secrecy, Geneva, 1 October 2013 4. Indian IP and Innovation, “India as a Pioneer of Innovation”, University of Pennsylvania Conference, November 15, 2013. 5. Opening India, Open Access and Research Conference, Queensland University of Technology (QUT), Australia, 31 October 2013, 6. IP and Biodiversity: NBA Asean Workshop, 5th September 2012 7. Globalising Legal Education: Whither Access and Diversity? GLEE Conference, Harvard Law School, 13 April 2012. 8. Data Protection or Investment Protection? Conference by University of Pennsylvania law school and NLS, Bangalore, 17th July 2012. 9. Patents and Compulsory Licensing: A Middle Path Solution? Paper Presented at University of Washington School of Law, 30 April 2012. 10. Pharmaceutical Patent Injunctions: A Developmental Perspective, MHRD Conference at NLU Jodhpur, 17 April 2012. 11. Pharmaceutical Patents and Public Health: Paper Presented at Special Lecture Series organized by University of Kerala, 6 July 2012. 12. Towards a Paid Innovation Commons, WIPO:WTO Teachers Colloquium, Geneva, June 2011. 13. Compulsory licensing: Present Framework and Future Prospects, presentation at the CUSAT workshop on “Rethinking Intellectual Property Rights”, January 2012. 14. Traditional Knowledge: From Reductionism to Holism, ATRIP Conference, Stockholm, Sweden, July 2010 15. Pharmaceutical Patent Enforcement in India: Some Thoughts for Reform, “New Spaces, New Actors and the Institutional Turn in Contemporary Intellectual Property Law”, Kyushu University, Japan, February 13 and 14, 2010 16. A TK Model for India, “FICPI Indian Symposium”, New Delhi, December 9-12, 2009 17. Romanticising Innovation, 5th International Forum on Creativity & Inventions – A Better Future for Humanity in the 21st Century”, WIPO FICCI Conference, New Delhi, November 11-13, 2009 18. Indian IP: A Holistic View, “International Bioforum”, Tokyo, July 3, 2009 19. Indian IP: An Extra Legal Perspective “IPBC Forum”, Chicago, June 22, 2009 20. Indian IP: Judicial Enforcement “Training for Indian Judges”, National Judicial Academy, Bhopal, September 5, 2009 21. Patent Enforcement as a Trade Barrier, “International Trade Barriers for Indian Generics”, Pharmexcil, Mumbai, August 21, 2009 22. The Indian “Bayh Dole”: Injection of “Public Interest”, Conference by NUJS IP Chair, NUJS, Kolkata, Sept 12, 2009 23. The Drug-Patent Linkage Issue: A Transparency Solution, “Pharmaceuticals 2014: Will India Leap Forward” FICCI, Mumbai, March 18, 2009. 24. Accessing patented knowledge: Compulsory license under Competition law, “Patents and Platform Technologies: R&D in Malaria and Tuberculosis”, Centad, New Delhi, September 9, 2009 25. FOSS: Decoding the Law, IOTA Free Technology Convention, Science Auditorium, Kolkata, 27th January 2009. 26. Collaborative Innovation in IP Policy Making, “Collaborative Innovation for Development: Enlarging the Global Commons” (Knowledge Commons, New Delhi, 6th December 2008) 27. Indian Patent Law and TRIPS: From Gripping to Tripping, “1st Annual National Law School of India Review Symposium on Challenges to India's Patent Regime” (National Law School of India University, Bangalore 12 April 2008). 60 28. “From Faith Based IP to Fact Based IP”, Symposium on Intellectual Property Rights (IPR) to celebrate World Intellectual Property Day, (OPPI, New Delhi, April 25th 2008). 29. Indian Patent Law and its Tryst with TRIPS, EGA 4th legal Forum (Brussels, Jan 30, 2008) 30. “Mobilizing Governments for A2K”, Moderator, Access to Knowledge (A2K) Conference (Yale Law School, April 2007). 31. Impact of US Patent Reform on Indian Firms, USIACC panel on Patent Law Reform (Washington, 5 September 2007) 32. Patents and Innovation in India, National Academy of Sciences (Washington DC, 24 Sept 2007) 33. History of the Indian Patent System, “Patent Rights in India & China”, (IPO Education Foundation, June 11, 2007, Washington) 34. Are Pharmaceutical Inventions a Special Class: Invited Speaker by the University of Augsburg (Germany, 20 July 2007) 35. Factoring in the Technologically Proficient Developing Countries, Strategies to Implement a WIPO Development Agenda , EDGE Network, (Vancouver 15 October 2007) 36. India’s New Patent Regime: TRIPS Implications, First speaker at IP Speaker Series organised by PIJIP (Program on Information Justice and Intellectual Property) (American University, Washington, April 19th, 2007). 37. Schizophrenia in Indian IP Policy? Invited Speaker to panel on “India, IP Developments and TRIPS” at the 15th Annual Fordham Conference on Intellectual Property Law Policy (Fordham, New York, April 12, 2007). 38. Indian Generics: Future IP Strategies “US-India Partnerships in Drug Discovery and Generics” (Asia Society: Observer Foundation, New York, 20 November 2007). 39. Bridging IP Disputes: Towards a “Middle Path” Conference to Commemorate World IP Day (IPI, Washington, 26 April 2007) 40. Enforcement of Patents in India: The Likely Scenario, American Society of International Law event on IP (GW, Washington, 27 March 2007) 41. Patents and Access to Medicines Invited panelist by UNDP to workshop titled ‘Access to Treatment for HIV/AIDS in Arab States (Cairo, 17 November 2005). 42. Impact of India’s Patent Amendment on the Pharmaceutical Industry ‘Invited Speaker to a workshop by SIPLA at Franklin Pierce Law Centre (Concorde, 20 October 2005). 43. Unblocking Gene Patents: An Antitrust Approach Invited speaker by the Shandong University of Technology (Zibo, China 24 September 2005). 44. Genes as Essential Facilities: An Antitrust Approach, ‘CLASF Conference’ (London September 2004). 45. Creativity and Human Society ‘Queen Mary ESRC Research Seminar Series’ 29-30 November 2004, London (Invited Panelist) 46. Block Me Not: Genes as Essential Facilities ‘Fifth Asian Bioethics Conference (ABC5)’ (Tsukuba, Japan 13-16 February 2004). 47. Patenting Research Tools in Human Genome Studies: View from a Technologically Proficient Developing Country (Joint Presentation with Ms. Sivaramjani Thambisetti, University of Cambridge April 2003). 48. IT laws: A Practitioner’s Perspective ‘Indian Institute of Management (IIM)’ (Bangalore 14 December 2001). 49. Convergence: Legal Issues ‘International Conference on International Law in the New Millennium: Problems and Challenges ahead’ Organised by Indian Society of International Law (New Delhi 4-7 October 2001). 50. Copyright Issues on the Internet ‘National Seminar on Copyrights and Related Rights’ Organised by the Copyright Office, Ministry of Human Resource Development (Kottayam, Kerala 12 February, 2001). 51. Dispute Resolution Mechanism in Cyberspace ‘National Seminar on Challenges of Internet Law’ Organised by the Indian law Institute (Vigyan Bhawan, New Delhi 4 March 2001). 61 XI. CONFERENCES (ORGANISATION) 1. Organised a Workshop on IP Teaching Methodology along with University of Washington School of Law and NLU Delhi: Jan 2014, March 2013 and March 2012 2. Organised several IP conferences at WB NUJS (themes include 2012 copyright amendments (November 2012) and Indian “Bayh Dole” Bill (September 2009)). 3. Organised an International Conference on “Innovation, Creativity and IP Policy” with the Max Planck Institute, Munich: November 19-20, 2010 X1I. OTHERS Public Interest Cases (Illustrative list) 1. Filed a Public Interest Litigation before the Delhi High Court in July 2014 arguing that the RTI must be given pre-eminence over all other statutes when it comes to information dispensation to the public. 2. Intervened in a copyright law suit as part of a group of academics (SPEAK) interested in furthering access to education. This law suit was filed by OUP and other leading publishers against Delhi University for copyright infringement in creating course packs. 3. Filed a Writ Petition before the Gujarat High Court on behalf of an underprivileged student who was denied admission to GNLU on an arbitrary ground. 4. Represented Missing Seamen on Board an Iranian Ship. 5. Filed a Writ Petition Against the Government of India, challenging the constitutionality of the Intellectual Property Appellate Board (IPAB). Court ruled in our favour striking down key aspects of IPAB selection process. 6. Was academic intervenor cum amicus before Supreme Court in landmark patent case, Novartis vs Union of India, where court relied significantly on arguments advanced in its final decision. 7. Investigated the extent of working of pharmaceutical patents in India Filed RTI’s to determine the extent of “working” of pharmaceutical patents in India. Compiled report and presented to Controller General Kurian. As a result of this investigation, the government has now made all working statements publicly available. Parliamentary Depositions (Illustrative list) 1. Was invited as an expert witness before Parliamentary Standing Committee dealing the Indian “Bayh Dole” Bill (appeared before them twice in March 2010) 2. Was invited as an expert witness before Parliamentary Standing Committee dealing with Indian Copyright Act (Amendment) Bill (appeared before them in May 2010) Government Advisory Advising various government agencies from time to time on intellectual property advisory issues, such as the Ministry of Commerce (DIPP), HRD Ministry (copyright office), the National Biodiversity Authority, Department of Science and Technology. In particular, was part of a team that helped revamp the Indian Patent Agent Exam. (TRUE COPY) ANNEXURE P-4 A COMPREHENSIVE LIST OF PATENTS SURVEYED I. PHARMACEUTICAL SECTOR A. Allergan Inc. PRODUCT PATENT NO. GRANT DATE Ganfort, Combigan 212695 12.12.2007 Ganfort, Combigan 219504 07.05.2008 B. Astrazenca AB Zoladex 198149 13.01.2006 Iressa 199501 08.12.2006 Brilinta 200897 05.06.2006 Crestor 205788 10.04.2007 Faslodex 206639 03.05.2007 Brilinta 209907 11.09.2007 Iressa 217528 27.03.2008 Brilinta 238424 04.02.2010 Iressa 239083 04.03.2010 Iressa 240234 04.04.2010 Brilinta 247984 08.06.2011 Brilinta 252484 17.05.2012 Brilinta 253995 12.09.2012 C. Bayer Corporation Xarelto 211300 24.10.2007 Nexavar 215758 03.03.2008 Avelox 215998 05.03.2008 D. Bristol-Myers Squibb Dasatinib 203937 16.11.2006 Onglyza 206543 30.04.2007 Baraclude 213457 17.01.2008 Orencia 214214 07.02.2008 Ixempra 223589 16.09.2008 Ixempra 224075 29.09.2008 Ixempra 234024 29.04.2009 E. F. Hoffmann-LA-Roche AG Tarceva* 196774 Feb. 2007 Pegasys 198952 21.02.2006 Mircera 206891 15.05.2007 Valcyte 207232 01.06.2007 Bonviva 208718 07.08.2007 Dilatrend 209504 04.09.2007 Invirase 227217 05.01.2009 F. Genentech Inc. Xolair 205534 05.04.2007 Xolair† 235206 04.07.2012 G. Glaxo Group Limited Tykerb 221017 11.06.2008 Tykerb 221171 18.06.2008 H. IRBM Science Part S.p.A Isentress† 212400 03.12.2007 I. Janssen Pharmaceutica N.V. Intelence 204028 19.09.2006 Sirturo 236811 23.11.2009 J. Merck Sharp & Dohme Corp. (formerly as Schering Corporation) Noxafil 202128 13.10.2006 ViraferonPeg 207233 05.06.2007 Janumet, Januvia 209816 06.09.2007 Isentress† 212400 03.12.2007 Janumet, Januvia 235426 02.07.2009 K. Novartis AG Afinitor, Certican 202379 04.10.2006 Xolair* 205534 05.04.2007 Galvus, Galvus Met 212815 17.12.2007 Myfortic 221674 07.07.2008 Onbrez 222346 05.08.2008 Vildagliptin 229761 20.02.2009 Diovan, Co-diovan 237273 14.12.2009 Aclasta 237596 29.12.2009 L. Pfizer Inc. Tarceva 196774 Feb. 2007 Chantix 204091 26.12.2006 Selzentry 204132 05.01.2007 Chantix 210325 27.09.2007 M.Pharmacia & Upjohn Company Sutent 209251 23.08.2007 Detrol LA 211539 05.11.2007 Depo-Provera 224279 10.10.2008 II. TELECOMMUNICATION SECTOR N. Apple Inc. TITLE OF INVENTION PATENT NO. GRANT DATE A method of performing motion estimation in a digital video system 223889 23.09.2008 Unlocking a device by performing gestures on an unlock image 263108 07.10.2014 List scrolling in response to moving contact over list of index symbols 263125 08.10.2014 Illuminated touchpad 264414 29.12.2014 O. Ericsson Inc. Linear predictive analysis-by-synthesis encoding method and encoder (AMR) 203034 19.10.2006 Apparatus of producing from an original speech singal a plurality of parameters (AMR) 203036 29.11.2006 Method and system for alternating transmission of codec mode information (AMR) 203686 29.12.2006 Quadriphase spreading codes in code division multiple access communications (3GPP Standard) 204085 26.12.2006 Method and apparatus for generating comfort noise in a speech decoder (AMR) 213723 10.01.2008 Multi-service handling by a single mobile station (3G Standard) 229632 19.02.2009 A method of endocidng/decoding multicode book fixed bitrate celp signal block (AMR) 234157 07.05.2009 A mobile radio for use in a mobile communications system (3G Standard) 240471 12.05.2010 A transceiving unit for block automatic retransmission request (EDGE) 241747 22.07.2010 P. Motorola Mobility A selective call receiver 188578 25.07.2003 A telecommunication network (3GPP Standard) 199910 02.02.2007 A method for adapting an access probability for a multimedia broadcast multicast service for a communication system (3GPP Standard) 224757 22.10.2008 Method and apparatus for presenting graphic messages in a data communication receiver 231920 13.03.2009 Method of validating communication in a wireless communication on device (3GPP LTE Standard) 239197 10.03.2010 A communication system for transmitting to a remote unit for locating the remote unit (IS-95, IS-2000 Standards) 241931 31.07.2010 Emergency call placement method 247777 18.05.2011 Q. Nokia Corporation A method of transmitting information from a sender to a receiver in a communications system 208450 31.07.2007 A method and system for selecting an access point in a wireless communication system 220016 15.05.2008 Method and apparatus for transmission between stations of a communication system 225833 01.12.2008 Arrangement for generating serviceoriented call-charge data in a communication network 226420 17.12.2008 Supporting in a communication system a request for information on a mobile device 227155 05.01.2009 A data communication apparatus for communication between a mobile 231889 13.03.2009 station and base station Sessions in a communication system 239847 06.04.2010 A method of transmitting complex symbols using a transmission code matrix 240592 19.05.2010 An lpc-type speech synthesiser and a post-processing method for enhancing lpc-synthesised speech 241026 16.06.2010 Symbol interleaving 242227 19.08.2010 Method for sub-pixel value interpolation 252965 12.06.2012 R. Qualcomm Corporation Video encoding method, video decoding method, video encoder & video decoder thereof 235997 11.09.2009 A method operational in a mobile user device for authentication 242591 02.09.2010 Power control based on an overlapping factor in a quasi-orthogonal ofdm system 244450 07.12.2010 A channel estimation method and a receiver to estimate a channel 249353 18.10.2011 Method and apparatus for phase matching frames in vocoders 250318 22.12.2011 Method and apparatus for performing timing synchronization with base stations 251398 12.03.2012 Ciphering and re- ordering packets in a wireless communication system 251810 07.04.2012 Method and apparatus for list sphere decoding 251876 12.04.2012 Multiplexing and feedback support for wireless communication systems 252127 27.04.2012 S. Research In Motion Ltd. System and method for queuing and moderating group talk 243876 10.11.2010 An apparatus for a radio communication system 234045 01.05.2009 Apparatus & associated method for facilitating network selection at a mobile node utilizing a network selection list maintained threat 248123 20.06.2011 System and method for secure control of resources of wireless mobile communication device 249536 25.10.2011 Method for providing network information to a wireless device in a wireless local area network 249790 11.11.2011 An always-on wireless internet protocol network 250891 06.02.2012 Method for adjusting presentation of text, images and moving images of an electronic device according to an orientation of the device 252447 16.05.2012 T. Samsung Electronics Co. A test device for testing a plurality of DSP ICS under the finish product state in a digital video apparatus 191620 25.06.2004 Method for retransmitting data according to radio link protocol in mobile communication system 197686 28.09.2007 An ATM switching system configured to serve an N-ISDN traffic and a method for controlling the same 199194 05.05.2006 A cartridge for an information recording medium 242433 26.08.2010 Method for operating plural applications between portable storage device and digital device, portable storage device, and digital device 244009 15.11.2010 III. PUBLIC FUNDED RESERCH UNITS U. Council for Scientific and Industrial Research (CSIR) An improved process for the synthesis of 5-(2-fluorophenyl)-1H-tgetrazole 192966 20.01.2006 An improved process for the preparation of raw vegetables having exposed shelf-life 192519 14.10.2005 A device useful for continual forming 194692 17.02.2006 and disensing of doughnut shapped batter for making traditional vada An improved process for prepration of 1,1,1,-trichloro-trifluoroethane 194697 17.02.2006 An eco-friendly method of preparation of high purity tetrabromobisphenol-A 196712 21.06.2006 An improved process for the production of high grade synthetic rutile 196947 11.08.2006 An improved process for the preparation of poly(ester-carbonate)s 197048 14.07.2006 A process for the preparation of nutritious instant pudding mix with enhanced shelf life 199735 22.12.2006 An improved process for the prepration of 1-[2-dimethyl lamino-(4-methoxy phenyel)-ethyl] cyclohexanol 208858 13.08.2007 A process for the preparation of high grade synthetic rutile from ilmenites and pigiron as a by-product 218313 31.03.2008 A process for preparation of compound 1,1 – { [ (bisalkane-1,n-diyl) piperazine] dioxy } bis (11as)-7- methoxy-1,2,3,11 a-tetrahydro-5h-pyrrolo[2,1-c] [1,4] benzodiazepin-5-one 231500 05.03.2009 A process of isolating camptothecin and/or camptothecinioids (CPT) from novel endophytic fungal strain 238011 18.01.2010 An improved process for recovering cobalt from roast-reduced sea nodules 254692 06.12.2012 V. Department of Biotechnology, Government of India An anti HIV-1 active bacterial and bactulovirus recombinant EPAP-1 226541 18.12.2008 An improved process for oak tasar cocoon cooking using pineapple extract 236242 13.10.2009 A device for collecting air borne dust generated by moving vehicles 241684 20.07.2010 Novel primers for a PCR-RELP assay for identification of pathogenic mycobacteria 242073 09.08.2010 Dimmer of Phenazine-1-Carboxylic acid and to the process of preparation 243949 11.11.2010 thereof A method for preservation of human hematopoietic stem or progenitor cells 246982 23.03.2011 Process of extracting anti-white spot syndrome virus molecules from mangrove plants 254984 10.01.2013 W. Indian Institute of Science (IISc) A method for the manufacture of aqueous solution of metal complexes and a method of manufacturing high temperature coloured vitreous glassceramic tiles 197957 07.04.2006 A process for manufacture of ceriasupported platinum as hydrogenoxygen recombinant catalyst in sealed batteries 198047 24.01.2006 A novel gelled-electrolyte-AGMhybrid-VRLA battery 201330 25.06.2006 A novel vaccine formulation consisting of DNA vaccine and inactivated virus 207234 01.06.2007 Fuel efficient biomass stove and a method of operating the stove 229283 16.02.2009 A metal ionic catalyst composition and a process thereof 237260 11.12.2009 A peptide and a method thereof 254638 29.11.2012 X. Indian Institute of Technology (IITs) (collectively) A method of making a supported fluid separation membrane of nanopore structure 197755 09.01.2006 A process of wastewater renovation 203744 15.11.2006 Freeze concentration system 204956 12.03.2007 Highly porous ceramic or metallic material and simple environment friendly process for fabrication of the same 206908 16.05.2007 Strength enhancing insert assemblies 211354 26.10.2007 Three-dimensional core holder for performance evaluation of oil well 225118 31.10.2008 configurations A combined capacitive and electromagnetic voltage transformer 239070 04.03.2010 A method for magnetic abrasive finishing using a pulsating flexible magnetic abrasive brush 255664 13.03.2013 An abrasive flow finishing device 255847 26.03.2013 A method and apparatus for the formation of patterns on surfaces and an assembly and alignment of the structure thereof 258688 31.01.2014 ANNEXURE P-11 I. SAMPLE SIZE SECTOR Patentee NO. OF PATENTS NO. OF FORM27 FILINGS Pharmaceutical 52 137 Allergan Inc 2 9 Astrazenca AB 13 21 Bayer Corporation 3 11 Bristol-Myers Squibb 7 23 F. Hoffmann-LA-Roche AG 7* 14 Genentech Inc 2 6 Glaxo Group Limited 2 7 IRBM Science Part S.p.A 1† 3 Janssen Pharmaceutica N.V 2 6 Merck Sharp & Dohme Corp. 5† 6 Novartis AG 8* 16 Pfizer Products Inc. 4 8 Pharmacacia & Upjohn Co. 3 7 Telecommunications 52 80 Apple Inc. 4 1 Ericsson Inc. 9 16 Motorola Inc. 7 13 Nokia Corporation 11 20 Qualcomm Inc. 9 17 Research In Motion 7 7 Samsung Electronics Co. Ltd. 5 6 Public Financed Research 37 46 CSIR 13 15 Department of Biotechnology 7 7 IITs 10 14 Indian Institute for Science 7 10 TOTAL 141 263 licensee †co-patentee II. NON-WORKING Sector NO. OF FORM-27s REASONS PROVIDED YES NO Pharmaceutical 19 9 10 Allergan Inc 2 0 2 Astrazenca AB 0 0 0 Bayer Corporation 3 0 3 Bristol-Myers Squibb 3 1 2 F. Hoffmann-LA-Roche AG 0 0 0 Genentech Inc 0 0 0 Glaxo Group Limited 0 0 0 IRBM Science Part S.p.A 0 0 0 Janssen Pharmaceutica N.V 6 6 0 Merck Sharp & Dohme Corp. 1 0 1 Novartis AG 3 1 2 Pfizer Products Inc. 1 1 0 Pharmacacia & Upjohn Co. 0 0 0 Telecommunications 5 2 3 Apple Inc. 0 0 0 Ericsson Inc. 0 0 0 Motorola Inc. 0 0 0 Nokia Corporation 2 2 0 Qualcomm Inc. 0 0 0 Research In Motion 0 0 0 Samsung Electronics Co. Ltd. 3 0 3 Public Financed Research 18 3 15 CSIR 6 0 6 Department of Biotechnology 4 0 4 IITs 5 0 5 Indian Institute for Science 3 3 0 TOTAL 42 14 28 III. QUANTITY OF SALES Sector NO. OF FORM-27s QUANTITY PROVIDED UNIT OF MEASUREMENT NO YES NO YES Pharmaceutical 118 13 105 71 34 Allergan Inc 7 2 5 5 0 Astrazenca AB 21 3 18 13 5 Bayer Corporation 8 0 8 1 7 Bristol-Myers Squibb 20 6 14 11 3 F. Hoffmann-LA-Roche AG 14 2 12 4 8 Genentech Inc 6 0 6 5 1 Glaxo Group Limited 7 0 7 7 0 IRBM Science Part S.p.A 3 0 3 0 3 Janssen Pharmaceutica N.V 0 0 0 0 0 Merck Sharp & Dohme Corp. 5 0 5 4 1 Novartis AG 13 0 13 9 4 Pfizer Products Inc. 7 0 7 5 2 Pharmacacia & Upjohn Co. 7 0 7 7 0 Telecommunications 75 58 17 - - Apple Inc. 1 1 0 - - Ericsson Inc. 16 16 0 - - Motorola Inc. 13 13 0 - - Nokia Corporation 18 18 0 - - Qualcomm Inc. 17 0 17 0 17 Research In Motion 7 7 0 - - Samsung Electronics Co. Ltd. 3 3 0 - - Public Financed Research Units 10 8 2 CSIR 3 3 0 - - Department of Biotechnology 3 3 0 - - IITs 2 2 0 - - Indian Institute for Science 2 0 2 - - TOTAL 203 79 124 71 51 IV. VALUE OF PATENTED PRODUCT Sector NO. OF FORM-27s VALUE INDICATED IN INR (if applicable) NO YES NO YES Pharmaceutical 118 11 107 4 103 Allergan Inc 7 2 5 0 5 Astrazenca AB 21 3 18 2 16 Bayer Corporation 8 0 8 0 8 Bristol-Myers Squibb 20 0 20 1 19 F. Hoffmann-LA-Roche AG 14 2 12 0 12 Genentech Inc 6 0 6 0 6 Glaxo Group Limited 7 0 7 1 6 IRBM Science Part S.p.A 3 0 3 0 3 Janssen Pharmaceutica N.V 0 0 0 0 0 Merck Sharp & Dohme Corp. 5 0 5 0 5 Novartis AG 13 0 13 0 13 Pfizer Products Inc. 7 2 5 0 5 Pharmacacia & Upjohn Co. 7 2 5 0 5 Telecommunications 75 60 0 - 17 Apple Inc. 1 1 0 - - Ericsson Inc. 16 16 0 - - Motorola Inc. 13 13 0 - - Nokia Corporation 18 18 0 - - Qualcomm Inc. 17 0 17 0 17 Research In Motion 7 7 0 - - Samsung Electronics Co. Ltd. 3 3 0 - - Public Financed Research Units 21 13 8 0 8 CSIR 9 9 0 - - Department of Biotechnology 3 2 1 0 1 IITs 2 2 0 - - Indian Institute for Science 7 0 7 0 7 TOTAL 214 84 115 4 128 Patentee has provided overall figures instead of the patent(s) in question V. DISCLOSURE OF PLACE OF MANUFACTURE Sector NO. OF FORM-27s PLACE OF MANUFACTURE YES NO Pharmaceutical 109 85 27 Allergan Inc 7 0 7 Astrazenca AB 18 15 6 Bayer Corporation 8 8 0 Bristol-Myers Squibb 20 12 8 F. Hoffmann-LA-Roche AG 14 10 4 Genentech Inc 6 4 2 Glaxo Group Limited 7 7 0 IRBM Science Part S.p.A 2 2 0 Janssen Pharmaceutica N.V 0 0 0 Merck Sharp & Dohme Corp. Novartis AG 13 13 0 Pfizer Products Inc. 7 7 0 Pharmacacia & Upjohn Co. 7 7 0 Telecommunications 75 1 74 Apple Inc. 1 0 1 Ericsson Inc. 16 0 16 Motorola Inc. 13 1 12 Nokia Corporation 18 0 18 Qualcomm Inc. 17 0 17 Research In Motion 7 0 7 Samsung Electronics Co. Ltd. 3 0 3 Public Financed Research 33 25 8 CSIR 9 2 7 Department of Biotechnology 2 1 1 IITs 15 15 0 Indian Institute for Science 7 7 0 TOTAL 217 111 109 VI. DISCLOSURE OF LICENSING ARRANGEMENTS Sector NO. OF FORM-27s LICENCE INDICATED DETAILS OF LICENSEE (if applicable) NO YES NO YES Pharmaceutical 137 46 91 0 12 Allergan Inc 9 1 8 - - Astrazenca AB 21 4 17 - - Bayer Corporation 11 4 7 - - Bristol-Myers Squibb 23 11 12 - - F. Hoffmann-LA-Roche AG 14 2 12 - - Genentech Inc 6 2 4 - - Glaxo Group Limited 7 1 6 - - IRBM Science Part S.p.A 3 0 3 0 2 Janssen Pharmaceutica N.V 6 0 6 0 6 Merck Sharp & Dohme Corp. 6 0 6 0 2 Novartis AG 16 8 8 - - Pfizer Products Inc. 8 6 2 0 2 Pharmacacia & Upjohn Co. 7 7 0 - - Telecommunications 80 31 49 26 17 Apple Inc. 1 0 1 - - Ericsson Inc. 16 16 0 - - Motorola Inc. 13 4 9 9 0 Nokia Corporation 20 3 17 17 0 Qualcomm Inc. 17 0 17 0 17 Research In Motion 7 7 0 - - Samsung Electronics Co. Ltd. 6 1 5 - - Public Financed Research Units 47 12 35 7 5 CSIR 15 11 4 0 4 Department of Biotechnology 7 1 6 0 1 IITs 15 0 15 2 0 Indian Institute for Science 10 0 10 5 0 TOTAL 264 89 175 33 34 * Patentee has refused to disclose the details of licensee on the basis of confidentiality. VII. SUMMARY OF DEFECTIVE FILINGS NATURE OF DEFECTS SECTOR TOTAL Pharmaceuticals Telecom Public Funded Research F-27s % QUANTITY Undisclosed 13 58 8 79 38.3 Indeterminate Units 71 - - 71 58.1 VALUE Undisclosed 11 58 13 84 38.3 Foreign Denomination 4 - 0 4 0.1 MANUFACTURE Location Undisclosed 27 74 8 109 50.3 LICENSING INFORMATION Undisclosed 46 31 12 89 33.5 Undisclosed Details 0 26 7 33 50.4 NON-WORKING Reasons Undisclosed 10 3 15 28 66.7 IN THE HIGH COURT OF DELHI AT NEW DELHI (Extraordinary Writ Jurisdiction) WRIT PETITION (C) NO. OF 2015 IN THE MATTER OF A PUBLIC INTEREST LITIGATION SHAMNAD BASHEER … PETITIONER VERSUS UNION OF INDIA & OTHERS … RESPONDENTS WITH C.M. NO. OF 2015 : Exemption from filing certified, dim, typed & margin copies of documents PAPER BOOK VOLUME II Pages Nos. 222 - 424 N. SAI VINOD D-131 (Basement) Panchsheel Enclave New Delhi – 110 017 Phone: +91-8826561767|Email: nayanisaivinod@gmail.com IN THE HIGH COURT OF DELHI AT NEW DELHI (Extraordinary Writ Jurisdiction) WRIT PETITION (C) NO. OF 2015 IN THE MATTER OF A PUBLIC INTEREST LITIGATION SHAMNAD BASHEER … PETITIONER VERSUS UNION OF INDIA & OTHERS … RESPONDENTS

HC Writ Compensation  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CWP No.:_______ of 2004 Petitioner  Versus Respondents  List Of Events  Dates ______ Events ______ chennai Petitioner ______ Through, Advocate  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CWP No:______ of 2004 Petitioner  Versus Respondents  CIVIL WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR APPROPRIATE \ WRIT, ORDER OR DIRECTIONS TO THE RESPONDENTS  Chennai  Petitioner  _______________ Through, Advocate Respectfully Sheweth; 1. That your Lordship's humble petitioner is a citizen of India and on the grounds hereinafter mentioned  is entitled to file and maintain the present writ petition before this Hon'ble Court. 2. ______  GROUNDS 3. That the petitioner is invoking the extra-ordinary jurisdiction of this Hon'ble court and seeking indulgence on the following grounds amongst other each one of which is without prejudice to and independent of other :-  (a) That such an act of omission and commission on the part of the respondent whereby they have ______, is illegal, arbitrary, malafide, discriminatory, and against the well-established principles of natural justice as well as violative of the mandatory provisions of the Constitution of India.  (b) That ______  (c) _______That the term dependent has been defined in The Employees' State Insurance Act, 1948 as under:- "[(6A) 'dependent' means any of the following relatives of a deceased insured person, namely: - (i) A widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter;  (ia) A widowed mother;  (ii) If wholly dependent on the earnings of the insured person at the time of his death, a legitimate or adopted son or daughter who has attained the age of eighteen years and is infirm;  (iii) If wholly or in part dependent on the earnings of the insured person at the time of his death, -  (a) A parent other than a widowed mother,  (b) A minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or adopted or illegitimate if married and a minor or if widowed and a minor;  (c) A minor brother or an unmarried sister or a widowed sister if a minor,  (d) A widowed daughter-in-law,  (e) A minor child of a pre-deceased son,  (f) A minor child of a pre-deceased daughter where no parent of the child is alive, or  (g) A paternal grand-parent if no parent of the insured person is alive;"  (ii) That the word "dependent" has similarly been defined in The Workmen's Compensation Act, 1923 vide Section 2 (c).  (d) ______________________________ That the petitioner is entitled for compassionate appointment even when his brother who is in employment but living separately right since the lifetime of his deceased father and is in no way supporting the family of the deceased employee.  (e) _____ That the object of Clause 5 (c) of the instructions is to mitigate the financial difficulties of the family of the deceased employee. The same object cannot bee annulled simply because one son of the deceased employee is already in service and in no way supporting the family of deceased employee. Such condition runs contradictory to the object behind the scheme. The Clause 5 (c) is reproduced hereunder:- "5. Eligibility:-  (c) In all cases where one or more members of the family are already in Government service or in employment of Autonomous bodies/Boards/Corporations etc; of the State/Central Government, employment assistance should not under any circumstances be provided to the second or third member of the family. In cases, however, where the widow of the deceased Government servant represents or claims that her employed sons/daughters are not supporting her, the request of employment assistance should be considered only in respect of the widow. Even for allowing compassionate appointment to the widow in such cases the opinion of the Department of Personnel and Finance Department should specifically be sought and Finance Department should specifically be sought and the matter finally decided by the Council of Ministers"  (f) ______That the law in this regard is well-settled as has been laid down in this regard by the Hon'ble High Court of TN in CWP 635/1984 decided on 20.05.1985, wherein the Hon'ble High Court of TN while dealing with almost the similar situation has held in the penultimate paragraph that "Aravindan had submitted that liberty should be reserved to the respondent to take action afresh against the petitioner in accordance with law. We do not think, on the facts and in the circumstances of the case, such liberty should be reserved. The petitioner was first employed in August 1981. Her services were terminated in June 1984 but the termination order was withdrawn and she continued in service till the impugned order was passed on October 31, 1984. She has thus served for about 3 1/4 years. Her conduct has been above reproach since she is not shown to have suppressed the material fact regarding the employment of her two brothers. Her version that the brothers were living separately and were not maintaining her and her widowed mother given out at the very first stage was not only duly verified by the Pradhan of the Gram Panchayat and the Executive Magistrate but has not been fond to be incorrect on the basis of any proper inquiry held so far. Even in the return it is not stated that upon any inquiry independently made by the respondent the version is found to be incorrect, although the petitioner has re-asserted on oath the same version in the petition. The case apparently is not covered by the relevant instructions governing the recruitment procedure having regard to the definition of the word "family". The petitioner has to support herself and her mother who widowed eleven years back when the petitioner's father died in a motor accident. Having regard to all the circumstances, we are of the view that the petitioner should be spared of any further agony and trouble and that the chapter must be treated as closed."  (g) _____That the similar view has been taken by the Hon'ble High Court of TN in CWP No. 326 of 1992 decided on 04.01.1993 while dealing with above provision in the penultimate para has held that:- "We have gone through the matter carefully with the kind help extended by the learned counsel for the parties. We have noticed that Shri. Hari Dass is, of course, the son of the deceased but he has been living separately from Shri Devi and her other issues. He was in the service of the Corporation even while the deceased was alive. The fact as to his separate living gains support from the certificate of Pradhan Gram Panchayat, Satrol (Annexure-PE), affidavit of Shri Devi (Annexure PC) and affidavit of Hari Dass (Annexure PD). If these affidavits are read with the definition of 'family' contained in Rule 2 (e) (ii) of the Municipal Employees (Conduct) Rules, 1970, it is absolutely clear that a son who is living separate from the family is not a member of the family. Even otherwise, the facts of this case, as already notices above, demonstrate quite clearly that Hari Dass was living separately and was in employment while the deceased was also in the employment of the respondent-Corporation. The widow of the deceased has also supported it and wants the present petitioner employed in the Corporation. So are the affidavits of other relations. Same is the position explained in Supplementary Rules, Section IV, Division II, SR 2(8). The view we have taken, has also been taken by the Karnatka High Court in 1992 (1) Labour Law Journal 129, Raja (K) Vs Karnatka Electricity Board."  (h) _______That in the last para of the above judgment the Hon'ble High court has held that "The result of the aforesaid discussion is that this writ petition is allowed and the respondent Corporation is directed to employ the petitioner to the service of the Municipal Corporation against a post which is in consonance with his qualifications. In case no vacancy is available, the same be created to employ the petitioner. We allow the respondent Corporation three months time for this purpose."  (i) ___J __That the similar view has been taken by the Hon'ble High Court of Chennai in case Monica Devi Vs LIC (1993 (3) Service Cases Today), Santosh Tuli Vs UOI (1995 (4) SCT 267), Hon'ble High Court of TN in Chhabi Sood Vs Chairman, Tamil Nadu Gramin Bank (1994 (3) SCT 724/725), Hon'ble Karnatka High Court in Shusheela B Bhakta Vs Karnatka State Road Transport Corporation (1995 (3) SCT 382), Hon'ble Jammu & Kashmir High Court in Anwar Farooqi Vs UOI (1998 (3) SCT 794/795).  (j) ______That the underlying object of the policy framed by the state government dated 18.01.1990 is to provide employment assistance to the dependents of Govt. servants, who die while in Govt service, leaving their families in indigent circumstances as has been stated at outset of the policy. In the instant case too the family of the deceased employee was left in indigent condition by his death. His elder son has already severed his relations with his father and other family members during his lifetime. The wife of the deceased employee is illiterate and not in a position to serve in the respondent department. It is further submitted that the separation of brother of the petitioner is not being used as ploy by the petitioner for getting the appointment on compassionate basis but he is actually living separately since life time of the deceased employee due to restrained relations with the family and he is in no way supporting the family of the deceased employee and in this respect the overwhelming evidence was already brought before the respondent department and this tribunal.  (k) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estopple applies against the respondents.  (l) That the impugned order is against the well settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases.  3. That the petitioner has no other speedy and efficacious remedy available except to approach this Hon'ble court by way of the present writ petition.  4. That the petitioner has not filed any other writ petition on same or similar grounds either before this Hon'ble court or before the Supreme Court of India.  5. That the petitioner, therefore, prays that an appropriate writ, order or directions be issued for the following reliefs :-  (a) Quash the impugned order _______;  (b) Direct the respondents ______;  (c) Direct the respondents to produce all the relevant records along with reply for perusal by this Hon'ble court;  (d) Allow the cost of this writ petition to the petitioner, and;  (e) Allow such other relief or pass such other orders as deemed fit and proper in the facts and circumstances of the case in favour of the petitioner and justice be done.  AND FOR THIS ACT OF KINDNESS, THE HUMBLE PETITIONER AS IN DUTY BOUND, SHALL EVER PRAY. Chennai Petitioner ______ Through, Advocate  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CWP No:______ of 2004 Petitioner  Versus Respondents Affidavit in support of the Civil Writ Petition under Articles 226/227 of the Constitution of India. I,______, do hereby solemnly affirm and declare as under : 1. That the accompanying writ petition has been prepared under my instructions.2. That the contents of paras 1 to ______ of the accompanying writ petition are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the ______. Deponent  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CMP No.:_____ of 2004 in CWP No:______ of 2004 Petitioner/Applicants  Versus Respondents/Non-Applicants  Application Under Rule 2 of the Writ Rules for dispensing with Seven days notice of motion Respectfully Sheweth: 1. That the petitioner/applicant has filed the above mentioned writ petition in this Hon'ble court. 2. That on perusal of the allegations made in the writ petition and the documents attached therewith it  is evident that the matter is of urgent nature and dispensing with of seven days notice is essential in the  interest of justice. 3. It is, therefore, prayed that this application may be allowed and seven days notice of motion  dispensed with and writ petition be listed immediately. Chennai Petitioner/Applicant ______ Through, Advocate  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI C. M. P. No.: ______ of 2004 in CWP No:______ of 2004 Petitioner/Applicant  Versus Respondents/Non-Applicants  Affidavit in support of the application under Rule 2 of the Writ Rules. I, _____________________________, do hereby solemnly affirm and declare as under :- 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to 3 of the accompanying application are correct and true to the best of  my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and no part of it is false  and nothing material has been concealed therein. Affirmed at Chennai this the _______________________. Deponent  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CMP No.:______ of 2004 in CWP No:______ of 2004 Petitioner/Applicant  Versus Respondents/Non-Applicants  Application Under Rule 4 of the Writ Rules for Ad interim orders Respectfully Sheweth: 1. That the petitioner/applicant has filed the above mentioned writ petition in this Hon'ble court.  2. That on perusal of the allegations made in the writ petition and the documents attached therewith it  is evident that the petitioner/applicants have prima facie a very good case in their favour and the writ  petition is likely to succeed. The Balance of Convenience is in favour of the petitioners/applicants.  3. That the interest of justice demands that during the pendency of the writ petition ____  4. It is, therefore, prayed that this application may be allowed and __ in the interest of justice. Such  other orders may also be passed in favour of the petitioners as deemed fit and proper by this Hon'ble  court in the facts and circumstances of the case. Chennai Petitioner/Applicant ______ Through, Advocate  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI C. M. P. No.:______ of 2004 in CWP No:______ of 2004 Petitioner/Applicant  Versus Respondents/Non-Applicants  Affidavit in support of the application Under Rule 4 of the Writ Rules. I, __________________________, do hereby solemnly affirm and declare as under :- 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to 4 of the accompanying application are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and no part of it is false  and nothing material has been concealed therein. Affirmed at Chennai this the ______. Deponent  In the High Court of TN at Chennai Mention Memo 1. Number & Nature of case: _______  Vs  2. Party seeking posting: Petitioner/Appellant 3. Name of Advocate of : _______Advocate party seeking posting. 4. Name of Advocate : _______ appearing for the opposite party 5. Mention for: Motion/Admission/Orders. 6. Reason for the mention: ________ 7. Date on which posting is sought: _________ Chennai _______ Advocate  Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/)

HC Writ Disability Pension  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CWP No.:______ of 2004 Petitioner  Versus Respondents List Of Events Dates:______ Events :______ Chennai Petitioner :______ Through, Advocate  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CWP No.::______ of 2004 Petitioner  Versus Respondents  Civil Writ Petition Under Article 226/227 Of The Constitution Of India For Appropriate Writ, Order Or Directions To The Respondents  Chennai  Petitioner ______  Through, Advocate Respectfully Sheweth;  1. That your Lordship's humble petitioner is a citizen of India and on the grounds hereinafter mentioned is entitled to file and maintain the present writ petition before this Hon'ble Court. 2. ________________________ 3. That the petitioner was enrolled in the Indian Army on _______________ as a ________________. The petitioner was allotted Army No. ________________. The petitioner was initially engaged for _______ years of service and with the passage of time the petitioner would have earned promotion upto the rank of Subedar Major and Honorary ranks and he would have thus served upto 32 years of service in the Army. 4. That the petitioner was undergoing very hard and strenuous basic training successfully and to the entire satisfaction of his superiors and the instructors. The petitioner had all the traits and capabilities of becoming a good soldier and serving the nation. The petitioner had very successfully completed _____ months basic training. 5. That the medical authorities after carrying out investigations diagnosed the disease of the petitioner as _________________ and placed the petitioner in the lower medical category ______ on ______ vide Annexure P-_____________________ and as a result of which the petitioner was invalided out of the Military Service, without offering him an opportunity either to give his willingness or unwillingness for retention in the Army against the sheltered or alternative appointment and show cause against his invalidment out of the service in accordance with the rules and regulations governing the subject matter. 6. That thereafter the petitioner was invalided out of service w.e.f. _________________________ barely after _____ months _____ days of service without paying any invalidment benefits, ie; invalid/disability pension to the petitioner, which is admissible to him under the rules and regulations. The petitioner was intimated to his utmost surprise and dismay by the respondent vide Annexure P-____________________ that he is not entitled to the Disability Pension. The petitioner has thereafter preferred an appeal against the said rejection vide Annexure P-_______________________ which has been acknowledged as having been received by the respondents vide Annexure P-________________. But, unfortunately, the respondents do not seem to be paying any heed towards the representation of the petitioner even after more than _________________________ months have elapsed. 7. That the medical authority vide Annexure P-________________________ has advised the petitioner to take medicines up to ________________ years of service, meaning thereby that the petitioner was fit to be retained in the service and his disease was curable within the period of three years. 8. That the petitioner not feeling satisfied with the findings and recommendations of the military medical authorities got himself checked up at ________________________. The medical authorities has opined that the petitioner has ___________________________, meaning thereby that the petitioner has been cured of the disease and is thus fit to be taken back and retained in the Army. The report of the Medical Authorities of is Annexed as Annexure P-__________________________.  GROUNDS 9. That Your Lordship's humble petitioner is invoking the extra-ordinary jurisdiction of this Hon'ble court and seeking indulgence on the following grounds amongst others, each one of which is without prejudice to and independent of other :- (a) That the impugned action of the respondents whereby _______________ is arbitrary, malafide, illegal, unjust, against the Art 14, 16 and 19 of the Constitution of India as well as against the natural justice and dehors the rules and regulations.  (b) __________________________That it would not be out of place to mention here that the petitioner had no similar type of episode either before or thereafter or during the course of admission in the military hospital for investigations for about 66 days.  (c) That the petitioner was found fit to join the Army at the time of his enrollment by the military medical authorities. Now it does not lie in their mouth to say to the contrary. ____________________Moreover there is no history of the disease in the family or relation of the petitioner.  (d) That otherwise also the percentage of disability as assessed by the military medical authorities is of moderate degree, meaning thereby that the petitioner should have either been placed in category BEE or at the most in category CEE in accordance with the Army Order No. 146 of 1977 and retained him by giving him the Sheltered Appointment or the alternative appointment as provided for under the provisions of Army Order No. 46 of 1980 which provides that the efforts should be made to provide alternative employment in their own trade/category commensurate with their medical categorisation. And the Order further provides that ordinarily, permanent low medical category personnel will be retained in service till completion of 15 years service in the case of JCOs and 10 years in the case of OR [including NCOs]. The respondents have taken no efforts to provide the alternative sheltered appointment to the petitioner. This provision has been made with the intention so that the soldier can earn a normal service pension after 10 years of service. Here it would not be out of place to mention that the Hon'ble Supreme Court has ordered sheltered appointment even to the blind persons in the case Anand Vs Tamil Nadu State Transport Corpn reported in AIR 1991 SC 1003 and in another case titled as Kishan Lal Vs Union of India reported in 1988 [3] SLJ [CAT] 272 the sheltered appointment was ordered to the blind persons.  (e) That as per para 143 of Regulations for the Army 1987, an ex-serviceman who has been medically boarded out without any disability pension or those whose disability pensions have been re-assessed below 20% by the Re-survey Boards, will be eligible for re-enrollment. Since the medical authorities were well aware that the disability of the petitioner is below 20% and the petitioner will not be paid any disability/service pension consequent to invaliding out of service, there was no reason for invaliding out the petitioner. Notwithstanding, the respondents deserves to be issued directions for re-enrollment of the petitioner w.e.f _____________________, ie; the date of invaliding out with all the consequential benefits and rectify their wrong actions.  (f) That the medical authorities have based their view on imagination, conjectures and surmises rather than on sound and substantial medical grounds and findings. The placing of the petitioner in medical category ____________________ EEE was based on the extraneous considerations, ie, the petitioner was a recruit, even though the petitioner had completed substantial period of training. Had the petitioner not been a recruit the recommendations of the medical authority would have been quite different and favourable. The respondents can not draw distinction for granting alternative sheltered appointments on the basis of ranks, which otherwise will be violative of Articles 14 and 16 of the Constitution of India.  (g) That the respondents have acted in a mechanical manner and have not cared to apply their mind to the facts and circumstances of the case. The petitioner has been reduced to non-entity by the action of the respondents and the petitioner has been rendered a pauper by depriving him of his livelihood just because of arbitrary, discriminatory and unmindful action of the respondents at the prime of his age. The petitioner has been denied his rights of life, liberty and livelihood. (h) That assuming but not admitting or conceding that the petitioner has correctly been invalided out of service, then the petitioner is entitled for the invalid/disability pension along with the service pension as the disease of the petitioner is attributable to military service and aggravated by the military service. The disease of the petitioner has a direct causal connection with the service conditions as the disease has been precipitated by the hard and strenuous training of the military and the same is directly responsible for on-set of the disease.  (i) That the Entitlement Rules for Casualty Pensioner Awards, 1982 provides for the invalid/disability pension. The Rule 4 of the Rules of 1982 lays down that invaliding from service is a necessary condition for grant of a disability pension. An individual who, at the time of his release under the Release Regulations, is in a lower Medical category than that in which he was recruited will be treated as invalided from service. JCOs/ORs and equivalent in other services who are placed permanently in a medical category other than 'AYE' and are discharged because no alternative employment suitable to their low medical category can be provided, as well as those who having been retained in alternative employment but are discharged before the completion of their engagement will be deemed to have been invalidated out of service.  (j) That the rule 5 of the Rules of 1982 further provides that the approach to the question of entitlement to casualty pensioner awards and evaluation of disabilities shall be based on the presumptions that a member is presumed to have been in sound physical and mental condition upon entering service except as to physical disabilities noted or recorded at the time of entrance and in the event of his subsequently being discharged from service on medical grounds any deterioration in his health which has taken place is due to service. Here it would not be out of place to mention that the petitioner was thoroughly medically checked up by the respondents before enrolling him into the Army.  (k) That the Rule 9 of the Rules of 1982 provides that the onus to prove the conditions of entitlement shall not lie upon the claimant. The claimant shall receive the benefit of any reasonable doubt. The Rule 14 amplifies and clarifies that the cases in which it is established that the conditions of military service did not determine or contribute to the onset of the disease but influenced the subsequent courses of the disease, will fall for acceptance on the basis of aggravation, ie; the disease in the case of the petitioner has been aggravated by the service conditions. The rule further clarifies that a disease which has led to an individual's discharge or death will ordinarily be deemed to have arisen in service, if no note of it was made at the time of the individual's acceptance for military service. Here it would be pertinent to mention that the petitioner was thoroughly medically checked up by the respondents before enrolling him into the Army. Now it does not lie in their mouth to say to the contrary.  (l) That the law with regard to causal connection of disease with the service has been laid down by this Hon'ble Court in the case ----------------- Vs Union of India reported in 1995 [2] Sim LC 118. It is also settled law that the disease on the basis of which a sepoy was discharged is normally deemed to be attributable to Army Service if no note of it was made at the time of enrollment in Army vide 1992 (3) SLR (P & H) 662. This position of law has further been confirmed in the following judgments, ie; -------------------------- Vs UOI reported in 1992 [3] SLR (P&H) 758, ------------------------ Vs UOI reported in 1992 (6) SLR (P&H) 749, ----------------- Vs UOI reported in 1991 (5) SLR (P&H) 476, Ex ------------------------ Vs UOI reported in 1991 (5) SLR (P&H) 459, ----------------- Vs UOI reported in 1991 (6) SLR (P&H) 468, ----------- Vs UOI 1991 (5) SLR (P&H) 190 etc.  (m) That it is settled law by the Hon'ble Supreme Court and this Hon'ble Court that the pension is a property of a government servant and is of a recurring nature and denial of pension is a recurring injury. The action of the respondent is thus violative of the provision of the Art 300-A of the Constitution of India inasmuch as the petitioner has been deprived of right without due process of law and in grave violation of the principles of natural justice.  (n) That the whole action of the respondents have been taken in hot haste simply with a view to deprive the petitioner of his legitimate rights just because he was a recruit. 3. That the petitioner has no other speedy and efficacious remedy available except to approach this Hon'ble court by way of the present writ petition. 4. That the petitioner has not filed any other writ petition on same or similar grounds either before this Hon'ble court or before the Supreme Court of India. 5. That the petitioner, therefore, prays that an appropriate writ, order or directions be issued for the following reliefs :- (a) Quash the impugned orders P ________________________.  (b) Direct the respondents to re-enroll the petitioner in the Army w.e.f ________________, ie, the date of invaliding out with the full salary and other consequential benefits as the petitioner has been invalided out arbitrarily, discriminately and in utter violation of the constitutional rights and natural justice and for no fault of his; OR;  (c) Direct the respondents to grant to the petitioner Disability Pension as well as the Service Pension as admissible under the law/rules, as the petitioner has contacted the disease which has become cause for his invalidment, during the course of training and service and is attributable to and aggravated by the service conditions, with interest @ 18% p.a. and other consequential benefits;  (d) Direct the respondents to produce all the relevant records, more particularly the medical records, for perusal by this Hon'ble court;  (e) Allow the cost of this writ petition to the petitioner, and;  (f) Allow such other relief or pass such other orders as deemed fit and proper in the facts and circumstances of the case in favour of the petitioner and justice be done.  AND FOR THIS ACT OF KINDNESS, THE HUMBLE PETITIONER AS IN DUTY BOUND, SHALL EVER PRAY. Chennai Petitioner ______ Through, Advocate  THE HON'BLE HIGH COURT OF TN AT CHENNAI CWP No.:______ of 2004 Petitioner  Versus Respondents  Affidavit in support of the Civil Writ Petition under Articles 226/227 of the Constitution of India. I, _______________________________, do hereby solemnly affirm and declare as under : 1. That the accompanying writ petition has been prepared under my instructions.2. That the contents of paras 1 to _________ of the accompanying writ petition are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the ______. Deponent  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CMP No.:______ of 2004 in CWP No.: ______ of 2004 Petitioner/Applicants  Versus Respondents/Non-Applicants  Application Under Rule 2 of the Writ Rules for dispensing with Seven days notice of motion Respectfully Sheweth: 1. That the petitioner/applicant has filed the above mentioned writ petition in this Hon'ble court. 2. That on perusal of the allegations made in the writ petition and the documents attached therewith it is evident that the matter is of urgent nature and dispensing with of seven days notice is essential in the interest of justice. 3. It is, therefore, prayed that this application may be allowed and seven days notice of motion dispensed with and writ petition be listed immediately. Chennai Petitioner/Applicant ______ Through, Advocate  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CMP No.:______ of 2004 in CWP No.:______ of 2004 Petitioner/Applicant  Versus Respondents/Non-Applicants  Affidavit in support of the application under Rule 2 of the Writ Rules. I, ______, do hereby solemnly affirm and declare as under :- 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to 3 of the accompanying application are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the ______. Deponent  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CMP No.:______ of 2004 in CWP No.:______ of 2004 Petitioner/Applicant  Versus Respondents/Non-Applicants  Application Under Rule 4 of the Writ Rules for Ad interim orders Respectfully Sheweth: 1. That the petitioner/applicant has filed the above mentioned writ petition in this Hon'ble court. 2. That on perusal of the allegations made in the writ petition and the documents attached therewith it is evident that the petitioner/applicants have prima facie a very good case in their favour and the writ petition is likely to succeed. The Balance of Convenience is in favour of the petitioners/applicants. 3. That the interest of justice demands that during the pendency of the writ petition  4. It is, therefore, prayed that this application may be allowed and in the interest of justice. Such other orders may also be passed in favour of the petitioners as deemed fit and proper by this Hon'ble court in the facts and circumstances of the case. Chennai Petitioner/Applicant ______ Through, Advocate  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CMP No.:_____ of 2004 in CWP No.:______ of 2004 Petitioner/Applicant  Versus Respondents/Non-Applicants  Affidavit in support of the application Under Rule 4 of the Writ Rules. I, ______, do hereby solemnly affirm and declare as under :- 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to 4 of the accompanying application are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the ______. Deponent  Under Order 7 Rule 13 (1) CPC List of Documents Filed By Petitioner In The Court of: Hon'ble High Court of TN at Chennai Versus  Date of Hearing: ______ Suit For : CWP Date of Production : ______ Date: ______ Counsel for Plaintiff/Defendant  In the High Court of TN at Chennai Mention Memo 1. Number & Nature of case: ______ ______ Vs ______ 2. Party seeking posting: Petitioner/Appellant 3. Name of Advocate of : ______, Advocate party seeking posting. 4. Name of Advocate : ______ appearing for the opposite party 5. Mention for: Motion/Admission/Orders. 6. Reason for the mention:______ 7. Date on which posting is sought:______ Chennai ______ Advocate  Download Word Document In English. (Rs.70/-) Download PDF Document In Marathi. (Rs.70/-)