Trust Deed
Trust Deed
Trust Deed
THIS DEED OF TRUST made at _______ this day of _______ 2019 BETWEEN
_________________ S/o __________ residing at ____________ __________
hereinafter called "the Author of The Trust" (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
WHEREAS the Author of The Trust has decided to create and establish a Trust for
the welfare of the community at large without discrimination of caste, creed etc
with educational and/or Public Charitable objects and constitution as hereinafter
set forth;
AND WHEREAS, in pursuance of the said desire, the Author of The Trust has,
prior to the execution hereof, handed over cash of Rs.______ (Rupees __________
only) 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:
In pursuance of the intention, the AUTHOR OF TRUST has settled the sum
of Rs._____ by cash unto and in favor of the Trustees herein to be held by
them for and on behalf of the Trust hereby created and known as “______ ”
the receipt of which has already been handed over to the Trustees
mentioned hereunder, is hereby acknowledged by the Trustees, who hereby
accept the appointment as such Trustees of the said Trust, under the terms
and conditions, set out hereunder for the fulfillment of the objects of the
Trust, more fully and particularly described and set out hereunder.
3. The Trustees hereby declare that they shall hold and stand possessed of the
said amount which is referred to as "the Trust Fund" 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.
The Motto of the Trust is to promote the welfare of the needy at large and
fulfill the objects set forth hereunder.
5. OBJECTS OF THE TRUST:
The Trustees shall spend, utilize and apply the Trust Fund for all or any one
or more of the under mentioned general commodity, medical, educational
and charitable objects and purposes or such other educational & charitable
objects beneficial for the public as the Trustees may think proper to the
intent that the same shall relate to anything done within the territories of the
Union of India in such shares and proportions and interest:
i) Relief and help to the aged, blind, lame, deaf, dumb, orphans and persons
otherwise disabled or incapable of earning their livelihood or any one or
more of them for the benefits of such persons for meeting pre/post operation
treatment of acute/chronic diseases like cancer, kidney/renal failure, dialysis,
paralysis, thalassaemia, etc. for meeting pre/post funeral rites expenses;
o) To undertake, carry out, promote, establish to set up, conduct aid, help or
otherwise support, sponsor rural development and uplift including any
program for promoting the social and economic welfare of, or the uplift of
the public in any rural area and to incur an expenditure on any program of
rural development and to assist and help execution and promotion thereof
either directly or through an independent agency;
q) To establish maintain and/ or support public places, homes ie. Old age
homes, Nari Kalyan Samities of every nature and/ or similar centers of
charitable purpose only.
r) To impart education by opening an institution, school, college etc.
The Benefits of the Trust are open to all irrespective of Caste, religion, race,
sex etc. That the Trust will not carry on any activities with an intention of
earning profit.
8. APPOINTMENT OF TRUSTEES:
For the furtherance of the objects of the Trust, the Trustees will have the
following powers which will be exercised by them in accordance with the
provisions of the Income Tax Act, 1961 and the Income Tax Rules, 1962 in
force from time to time:-
a) The Trustees will manage the subject matter of the Trust and take
decisions regarding the matter of policies concerning the fulfillment
of its objects as the majority of Trustees may decide.
b) The Trustees shall, out of the income of Trust in the first instance, pay
all charges, cost, expenses and salaries etc. and other expenses
incidental to the management and the administration of the Trust, its
properties and assets.
c) All assets aforesaid should be kept in the best possible manner in
accordance with the objects of the Trust.
a) The number of Trustees shall not at any time be less than two or more
than five provided that notwithstanding anything herein contained
anything done in good faith by the surviving or continuing Trustee or
trustees in the usual course of the administration of the Trust and which
is otherwise authorized under these presents shall not be invalid by
reason merely of not having requisite number of Trustees.
b) The Board of Trustees shall choose one person among themselves who
shall act as the Chairman of the Board of Trustees;
c) The Chairman shall preside over all the meetings of the trustees and in
his absence, the trustees attended such meeting may elect any one of
them to preside over the meeting;
d) The meetings of the Trustees may be convened by the Chairman or under
his direction by any other Trustees who will give the notice of the
meeting to the other Trustees by any communication mode and at such
place in India and at such hour and on such date as may be agreed upon
by the Trustees, or as fixed by the Chairman.
e) At least two Trustees or one third of the total number of Trustees for the
time being (fraction being omitted) whichever is greater shall form
quorum for the meeting. In the absence of quorum, after expiry of half an
hour, the meeting shall stand adjourned to such date, hour and place as
may be fixed. When the meeting has been adjourned for want to quorum,
notwithstanding anything stated above, the Trustees present at meeting
shall constitute quorum for the next meeting.
f) In the case of difference of opinion arising among the Trustees and in all
matters wherein the Trustees have discretionary power, the votes of the
majority of the Trustees for the time being shall prevail and shall be
binding on the minority as well as on those Trustees who may not have
remained in opinion and in the event of equality of votes, the person
presiding such meeting shall exercise casting vote (additional vote).
g) The trustees shall keep or cause to be kept a minute book of the
proceedings of their meetings as also proper books of account of the trust
shall be audited by the Chartered Accountant every year.
h) It shall be lawful for the Trustees to pass resolution through postal or
other communications modes and such resolutions shall be called as
"Circular Resolution”
13. OFFICE:
The trustees shall maintain at ……………the office of trust where all the
books of account of and belonging to the Trust shall be kept and where
business in connection with the administration and management of the Trust
shall also be transacted. Trust office can be transferred to any other place in
India if so desired by the majority. The Trustees may open branch/branches
of the Trust and may close the same.
The Accounting year of the Trust shall, until the Trustees otherwise resolve
which they are hereby authorized to do, be financial year, provided that the
first account of the Trust shall be made up from the date of settlement to 31
March next. The Books of Accounts shall be got audited by a Chartered
Accountant, if required as per Income Tax Act, 1961.
16. SUITS:
The Board of the Trust shall authorize a person to sue or to be sued on
behalf of the Trust.
The Trustees are not entitled for any remuneration. But they shall however
be entitled to receive out of pocket expenses incurred by them in the course
of discharging the functions of the Trust. Further the Income and funds of
the Trust will be solely utilized towards the objects and no portion of it will
be utilized for payment of Trustees by way profits, interest, and dividend or
otherwise.
20. INDEMNITY:
Every Trustee shall be indemnified out of the fund in respect of any loss
arising from or contingent upon any investment made out of the monies of
the Trust unless such loss shall have been occasioned by own negligence and
also every Trustee shall be indemnified out of the Trust against all
proceedings, suits, claims, costs, damages and expenses occasioned by any
claim in connection with the matters or affairs relating to the Trust created
by these presents or in the exercise of powers or discretion vested in them by
virtue of these presents.
21. IRREVOCABILITY:
The activities of the Trust shall be only within India and its Union territories
and shall not be extended anywhere outside India.
23. DISSOLUTION:
On dissolution of the Trust, the net assets of the Trust shall be transferred to
an association of persons or trust or society having similar objects of this
Trust.
Any defect in the constitution of the Trust shall not invalidate its
proceedings
25. RESIDUARY:
For matters not provided for in these presents, the provisions of the Indian
Trust Act and the Income Tax Act, 1961 and rules made there under will
apply accordingly.
Date:
SIGNED AND DELIVERED by the Settlor
in the presence of
Place:
WITNESSES
1- ………………………………
2- ………………………………