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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

(1) -------------------- S/o ________ residing at _____________ AND (2) ------------


------ S/o ________ 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;

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 the Author of The Trust 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 Author of The Trust 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 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:

1. CREATION OF THE TRUST:

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.

2. REGISTERED OFFICE OF THE TRUST:

The registered office of the Trust is situated at present at __________.


However, it may be shifted to any other place as decided by the Trustees
from time to time. State level branch office(s) and sub branch office(s) shall
be opened anywhere within the Territory of India and shall function in
accordance with the instructions issued from Head Office from time to time.

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.

4. MOTTO OF THE TRUST:

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:

a) To extend financial assistance to poor patients to meet pre and post-


operative for treatment of acute diseases of cancer, kidney/ renal failure
dialysis, thalassaemia, paralysis etc;

b) To establish educational research, coaching institution(s) including inter alia


school, college, institute, laboratory etc. solely for educational, entrance test
preparation & research purposes for all the levels including inter alia
playschool, nursery, primary, secondary, Senior secondary, bachelor, post-
graduation, Ph.D. etc. and for all the subjects i.e. Academic like arts,
commerce, science, languages and/or professional like management,
engineering, pharmacy, law, medical sciences, bio technology, Computer
sciences, agricultural science, space sciences, mass communication,
journalism, foreign languages, fashion designing etc.

c) Advancement, promotion and spread of education, science, art, literature and


the Establishment, maintenance and support of colleges, schools, educational
institutions, hostels, libraries reading rooms or other educational institutions.

d) Medical relief and/ or maintenance of the sick and/ or establishment,


maintenance and support of or donations to one or more hospitals,
dispensaries, nursing homes, medical centers and utilization of funds for
medical relief of all kinds;

e) To grant scholarships, awards or stipends to meritorious students for


educational purposes;
f) To apply for affiliations, sanctions, permissions approvals, recognitions etc
from Government Bodies, Universities, Councils, Commissions etc made in
this regard for the purposes of establishment and running of the aforesaid
institutions etc including for the grant of the status of deemed University
aforesaid.

g) Protection, preservation or improving the livestock, which are beneficial to


human beings.

h) Relief to the poor stricken with calamities such as earthquakes, floods,


droughts, famines, fire, riots or otherwise;

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;

j) Construction and maintenance of wells, tube wells, water tanks, storage of


water with pumps and pipes, water huts, etc. for making provision for supply
of water for general public;

k) Establishment of research laboratories and centers etc. for searching out or


utilization or conservation of water and sources for betterment of agriculture
in the Country;

l) To establish provide, maintain and conduct or otherwise subsidize research


laboratories and experimental workshops for scientific and technical
research and experiments and to undertake and carry on with all scientific
and technical researches, experiments and tests of all kinds and to promote
studies providing. Subsidizing, endowing or assisting laboratories,
workshops, libraries, lectures, meetings and conferences and by providing
for the remuneration of scientific or technical professors or teachers
professors or teachers and by providing for the
m) Award of exhibitions, scholarships, prizes and grants to students or
otherwise and generally to encourage, promote and reward studies,
researches, investigations, experiments, tests and inventions of any kind

n) To undertake, carry out, promote and reward studies, researches,


investigations experiments, tests and inventions of any kind

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;

p) To undertake the work of conservation of natural resources and support or


aid the institution carrying out plantation work;

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.

s) To arrange, undertake, support others for organizing conferences, lectures


disclosures, for imparting knowledge among masses for material and
spiritual upliftment of people;

t) To assist and support other Institutions having similar objects of


advancement of this Trust;

u) To print, publish, distribute and sell books, newspapers, periodicals,


magazines, souvenirs and other publications having its teaching pamphlets,
brochures, propagation, promotion and development of literature, science
and technology.

v) To establish Books Bank, Garments Bank, Shoes bank, Medicines Bank,


Blood bank for poor and needy.
w) To rehabilitate young growing children of poor patients/ poor persons of
society before or after death for study/ marriage and other social family
obligations;

x) Any other object of general public utility.

6. BENEFICIARY OF THE TRUST:

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.

7. PROPERTIES OF THE TRUST:

The properties of the Trust shall be.-


a. the said sum of Rs. ____ above referred to the receipt of which is
hereby acknowledged by the Trustees;
b. any properties movable or immovable, that may be acquired by the
Trust either by purchase or otherwise;
c. all additions and acceptations to the Trust fund;
d. all voluntary donations both towards corpus or otherwise gifts,
legacies or grants in cash or in kind accepted by the trustees;
e. all grants and contributions made to the Trust by the Government,
Government bodies, Trust or Institutions, Trade Union or Societies
etc; and
f. all sums and assets which by and means become the property of the
Trust.

8. APPOINTMENT OF TRUSTEES:

Any vacancy in the Board of Trustees shall be filled up by the remaining


members of the Trust selecting a suitable person. Any person who has
attained the age of more than 18 years and not disqualified as mentioned
below and also contributes Rs. 5000/- as trustee fees can be taken as trustee
with majority consent of Board of trustees.
9. CESSATION OF TRUSTEESHIP:

A Trustee shall cease to be the trustee of the Trust if:-


(a) he resigns;
(b) he is removed by the majority of the members, if it is found that the
trustee(s) activities are detrimental to the activities or administration
or funds of the Trust. .
(c) if he/she applies to be adjudicated as insolvent
(d) If he/she is adjudged as insolvent.
(e) If he/she is convicted of an offence involving moral turpitude
(f) If he/she becomes lunatic or unsound mind.
(g) If he/she dies.

10. POWER OF THE 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) To determine from time to time to commence and to take up the


object and purposes for which the funds of the trust shall be used and
allot and allocate to each of the objects such portion of the funds as
they deem fit;
b) To purchase and acquire any immovable property of any kind for this
object of the Trust or as a source of income for the Trust;
c) To sell, mortgage, or dispose of any immovable property/properties
belonging to the Trust;
d) To incur all expenditure necessary as in their own opinion useful for
carrying out the objects and administration of the trust;
e) To sell, lease, mortgage or dispose of any property, immovable
property/properties belonging to the Trust
f) To open one or more bank accounts of the trust with any bank or
banks as the Trustees may deem fit and deposit monies of the Trust in
the Bank accounts.
g) To borrow for and on behalf of the Trust with or without security
from banks, Governments, Universities or any other government
Body/bodies both central and state;
h) to employ staff of all kinds necessary and useful for carrying out the
objects of the trust.
i) To incur such other items of expenditure as is necessary and
incidental for carrying out the objects of the Trust;
j) To institute, conduct, defend, compound, withdraw, compromise,
adjust, refer to arbitration or to do such things as are incidental and
necessary, concerning 4 the affairs of the Trust and to sign and verify
vakalats, pleadings, affidavits and other powers
k) To delegate all or any of the powers vested in the Trustees to any
body’ to frame rules, bylaws and other codes for the conduct of the
affairs of the Trust and its transactions and establishing any
Committee;
l) To accept contributions in cash or in kind either by way of addition to
the trust funds generally or for any one or more of the specified
objects of the Trust.
m) To establish as many ad hoc committees for any purpose.

11. DUTIES & OBLIGATIONS OF THE TRUSTEES:

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.

12. MEETINGS OF THE TRUSTEES:

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.

14. YEAR OF ACCOUNTS:

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.

15. ACCOUNTS AND AUDIT:


a) The Trustees shall maintain true and correct accounts of all Trust
monies and of all the income and investments and all the outgoing
expenses
b) The year of account shall be the financial year commencing from 1st
APRIL and ending 31st MARCH.
c) The Trustees shall each year issue a report setting out the accounts
showing the income and expenditure of the Trust for the preceding
year not later than six months from the end of the preceding year of
accounts.
d) The accounts of the Trust shall be audited every year by a Chartered
Accountant who may be appointed for the purpose by the board of
Trustees and the audited statement of accounts together with
Auditors’ report shall be laid before the Board of Trustees for
approval.

16. SUITS:
The Board of the Trust shall authorize a person to sue or to be sued on
behalf of the Trust.

17. POWER TO ALTER RULES AND REGULATIONS:


The Board of Trustees shall have full power and authority to make, alter and
rescind rules and regulations for the management and administration of the
Trust.
18. APPLICATION OF INCOME AND TRUST FUND:
The Board of Trustees shall be empowered to invest the funds of the Trust in
movable or immovable properties, in such manner as they deem fit for the
purpose of the objects of the trust provided that such investments shall be in
accordance with the provision of Section 13(I) read with Section 11(5) of the
Income Tax Act, 1961 as well as of any other law for the time being in force
as are applicable to charitable trusts.

19. REMUNERTION TO THE TRUSTEES:

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 Trust is irrevocable.

22. ACTIVITIES OF THE TRUST:

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.

24. PROCEEDING OF THE 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.

IN WITNESS WHEREOF THE AUTHOIR OF THE TRUST HAS SET


HIS HAND AND SIGNATURE ON THE DAY, MONTH AND YEAR
FIRST ABOVE WRITTEN IN THE PRESENCE OF

Date:
SIGNED AND DELIVERED by the Settlor
in the presence of
Place:

WITNESSES

1- ………………………………
2- ………………………………

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