TRUST DEED

THIS DEED OF DECLARATION OF TRUST is made entered into on this this day of May, 2025

BY

(hereinafter referred to as “the FOUNDER” which expression shall unless repugnant to the context or
meaning thereof include his/her heirs, executors, administrators and assigns)

AND

WHEREAS

A. The Founder is desirous of establishing a public charitable trust for the promotion of
Medico-legal advice, Medical Negligence, Healthcare, Legal Awareness, Protection,
etc. and other allied purposes.
B. The Founder has contributed and delivered to the trustees the initial corpus of the trust,
details of which are provided in Schedule A.
C. The Trustees have agreed to hold the said corpus and all future additions thereto upon the
trusts and for purposes hereinafter appearing.

NOW THIS DEED WITNESSTH AS FOLLOWS:

1. NAME OF THE TRUST: The Trust shall be known as TREATMENT INJUSTICE
(hereinafter referred to as “the trust”).

2. REGISTERED OFFICE: The Registered head office of the trust shall be located at
_____________________________ but the trustees shall be liberty to transfer the same
to such other place as may be determined by them from time to time.

3. OBJECTS OF THE TRUST: The objects of the Trust are established are exclusively
charitable in nature and shall include, but not be limited to, the following:
3.1 Providing free and competent legal services: This is a Broad objective
encompassing various legal issues that may arise in conjunction with medical
conditions. This can include:
1. Legal advice and counselling: Interpreting laws, guiding beneficiaries on
their rights and obligations. To offer free or subsidized legal advice,
counselling, and representation to individuals (or their families) who are
victims of medical negligence, malpractice, or substandard medical
treatments by doctors, hospitals, or other healthcare providers. To assist
victims of medical negligence in understanding the legal framework
governing medical practice, patient rights, and the nuances of providing
negligence in a court of law or consumer forum. Guidelines and support to
individuals seeking to complaint with relevant regulatory bodies, such as
the Medical Council of India, for disciplinary action against negligent
 medical practitioners. Explain victims how compensation is typically
calculated in medical negligence cases, including components like medical
expenses, loss of income, pain, and suffering, etc. Clarify that the Trust
itself is not a law firm and will not practice law, but will facilitate
access to legal services and provide information and counselling.
Includes a commitment to maintaining the confidentiality of all
information shared by victims seeking assistance.
2. Legal Representations: In a Trust for medical negligence is not just about
providing legal advice; it’s about actively advocating for the client’s rights
and interest throughout the entire legal process. For a Trust establish to
help victims of medical negligence in India, this involves a multi- faced
approach to litigation and dispute resolution. To assist victims in filing
complaints with appropriate forums (e.g., Consumer forums, civil courts,
medical councils, criminal courts,), drafting legal notice, petitions, and
other necessary documents. Providing lawyers for cases in courts,
tribunals, or other authorities. This Trust Deed must be very clear that the
TRUST is to facilitate or support legal representation, not provide it
directly. This is a critical distinction under Indian Law. Only individuals
enrolled with a Bar Council can engage in the practice of law and
represent clients in court. Legal representative meticulously analyzes all
medical records (doctor’s notes, hospital charts, lab reports, imaging
result, consent forms, operation theaters notes, etc.) to identify potential
deviations from the standard of care. They look for inconsistences,
omissions, and any evidence of substandard treatment. They may consult
medical literature, guidelines, and protocols to establish the accepted
standard of care specific medical conditions and treatment in questions.
That trust’s legal team facilities obtaining opinions from independent
medical experts (doctors in relevant specialty) who can:
a) Confirm if the standard of care was breached
b) Establish a causal link between the breach and the patient’s injury.
c) Assess the extent of the damage and prognosis
d) Prepares expert reports that are crucial evidence in court.

3. Aid in accessing welfare schemes: Helping beneficiaries avail benefits

under government health and welfare programs. Many eligible individuals,
especially in rural and marginalized communities, are unaware of the
welfare scheme available to them. The trust actively informs clients about
relevant schemes through: Distributing easy to understand the brochure,
pamphlets and posters in local languages. Digital platforms Utilizing
websites, social media, and local WhatsApp groups to share information.
Provide assistance and guidance to victims of medical negligence and their
families in accessing relevant government welfare scheme, social security
 benefits offer by both Central and State governments, as well as by
pharmaceutical companies or other philanthropic organizations. We
Compile database of relevant schemes, including but not limited to health
insurance schemes (e.g., Ayushman Bharat- Pradhan Mantri Jan Arogya
Yojana (PMJAY), disability benefits, and schemes providing financial
assistance for treatment of critical illness (e.g., Rashtriya Arogya Nidhi)

4. Alternative dispute resolution (ADR): Facilitating out-of-court

settlements. While Litigation is the primary path, the trust’s legal team is
also skilled in negotiation. They represent the clients in settlement
discussions, mediations, or conciliations, aiming for the best possible
outcome without prolonged court battles, if that aligns with client’s
interests. They advise the clients on the pros and cons of any settlement
offer. The Trust legal team would directly engage with the healthcare
provider or their legal/insurance representative on the behalf of the patient.
Prepare clear and comprehensive settlement proposals outlining the
patient’s demands. While negligence cases are adversarial, ADR
(especially mediation) can help preserve or mend relationships between
patients/families and healthcare providers, fostering understanding rather
than prolonged hostility.
3.2 Addressing medical-related legal issues: This is the “medical legal aid”
aspect, and involves
I. Medical negligence cases: Assisting patients who have suffered due to
medical errors.
II. Rights of patients: Ensuring patients’ rights in hospitals and healthcare
facilities are upheld.
III. Consent issues: Addressing cases where proper informed consent was not
obtained for medical procedures.
IV. Medico-legal cases: where medical evidence is crucial for legal
proceedings (e.g.: assault, accident cases).
3.3 Promoting legal awareness: The Trust Deed should clearly state the TRUST
commitment to empowering the public through legal knowledge. To promote
widespread legal awareness and literacy among the general public, particularly
among patients, their families, and vulnerable communities, regarding their rights
concerning medical treatment, patient safety, medical ethics, and recourse in cases of
medical negligence. To demystify legal processes and terminology related to
healthcare, ensuring that individuals are equipped with the knowledge necessary to
assert their rights and seek justice effectively. TRUST focused to educate public on
the definition of medical negligence, the standard of care expected from medical
professionals and common scenarios where negligence may occur (e.g.,
Misdiagnosis, Wrong Treatment, Surgical Errors, Post- Operative care lapses, Drug
Reactions, issues with informed consent). Informed patients about their fundamental
 right, including the right to information, right to informed consent, right to privacy
and confidentiality, right to emergency medical treatment, and right to second
opinion.

3.4 Advocacy and policy reform: TREATMENT INJUSTICE TRUST addressing

medical negligence while supporting individual victims is crucial, systemic change
through policy reform has potential to prevent countless future injustices and improve
the entire healthcare landscape. To engage in sustained advocacy and lobbying efforts
for comprehensive policy and legislative reforms aimed at preventing medical
negligence, improving patient safety, ensuring accountability of healthcare providers,
and facilitating effective and timely redressal for victims of medical negligence in
India. Trust work towards creating a just and transparent healthcare system by
influencing policy-making, legal frameworks, and regulatory standards. This object
can encompass a wide range of specific actions and target areas:

a. Research and Data-Driven Advocacy: To conduct in-depth research,

studies, and surveys on the root causes, prevalence, and impact of medical
negligence in India, including analysis of existing laws, regulations, and
their effectiveness. To conduct analyze and publish data and case studies
to highlight systemic failures, common pattern of negligence, and areas
requiring urgent policy intervention. This data will form the empirical
basis for advocacy.
b. Legislative and regulatory Engagement: To prepare and submit detailed
policy briefs, white papers, legislative proposals, and recommendations to
relevant government ministries (e.g., Ministry of Health & Family
Welfare, Ministry of Law & Justice), parliamentary committees, NITI
aayog and other policy-making bodies.
4 TRUST FUND:
I. The Trust Fund shall consist of:
 The initial corpus contributed by the founder as mentioned in Schedule A.
 All donations, subscriptions, grants, gift, bequest, and contributions
received from any person, organization, or government body.
 Any income, profits, or accretions derived from the Trust properties or
investments.
 Any movable or immovable property acquired by the Trust.
II. All monies and properties belonging to the trust shall be utilized solely for the
furtherance of the objects of the Trust.
5 TRUSTEES
a. There shall be not be less than three and 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.

6 APPOINTMENT AND REMOVAL OF TRUSTEES:

a. Appointment: Any vacancy arising from the death, resignation, removal, or
incapacity of a trustee shall be filled by the resolution passed by a majority of the
remaining trustees. The new Trustee so appointed shall hold office for the
remaining term of the original Trustee or until the next annual general meeting of
the Trustees, whichever is earlier.
b. Removal: A Trustee may be removed by a resolution passed by majority of
Trustees if such Trustee:
i. Acts in manner prejudicial to the interest of the Trust.
ii. Becomes of unsound mind
iii. Is declared insolvent
iv. Is convicted of an offence involving moral turpitude.
v. Fails to attend consecutive meetings of the Board of Trustees without
reasonable cause.
vi. Resigns from the Trust.
c. A Trustee mat resign from the Trust giving one month’s prior written notice to the
Managing Trustee/Chairman.

7 POWERS AND DUTIES OF TRUSTEES:

The Trustee shall have the followings powers and duties, to be exercised collectively;
a. To manage, administer, and control the affaires of the trust.
b. To receive donations, subscriptions, grants, and other contribution for the Trust.
c. To acquire by purchase, lease, gift, or otherwise, any movable or immovable property
for the Trust.
d. To sell, mortgage, lease, or otherwise dispose of any property of the Trust, provide
such action is in the best interest of the Trust and for furtherance of its objects, and in
compliance with applicable laws.
e. To invest the funds of the Trust in accordance with section 11(5) of the Income Tax
Act, 1961, or any other applicable statutory provisions.
f. To open and operate bank account in the name of the Trust.
g. To appoint, employ, or remove any staff, agents or professionals as may be required
for the efficient functioning of the Trust, and fix their remunerations.
 h. To frame rules and regulations for the proper administration and management of the
Trust, provided they are not inconsistent with the provisions of this Deed.
i. To do all such other acts and things as may be necessary or conductive to the
attainment of the objects of the Trust.

8 MEETINGS OF TRUSTEES:
a. The Trustees shall hold at least FOUR meetings in a financial year.
b. A minimum of TWO Trustees shall form a quorum for a meeting.
c. Decisions shall be taken by a simple majority of Trustees present and voting. In case
of a tie, the Chairman of the meeting shall have a casting votes.
d. Proper minutes of all meetings shall be maintained.

9 BANK ACCOUNT AND FINANCIAL MANAGEMENT:

a. All funds of the Trust shall be deposited in schedule in commercial banks.
b. Bank accounts shall be operated jointly by at least two authorized Trustees, as
decided by the Board of Trustees.
c. Proper books of accounts shall be maintained in respects of all receipts and expenses
of Trust.
d. The Financial year of the Trust shall be from April 1 st to March 31st of the following
year.
e. The accounts of the Trust shall be audited annually by a qualified Chartered
Accountant.

10 UTILIZATION OF INCOME AND ASSETS:

a. The income and assets of the Trust shall be applied solely for the promotion of
the objects for which it is established.
b. No part of the income or assets of the Trust shall be used for the personal
benefits or private gain of the Founder, any Trustee, or any other person
connected with the Trust.
c. The Trust shall not engage in any activity that involves carrying on of any
activity for profit.
11 AMENDMENTS OF THE DEED:
a. This Deed may be amended by a resolutions process by a TWO-THIRDS majority
of all the Trustees, provided that such amendment shall not:
i. Alter the fundamental charitable nature of the Trust.
ii. Deviate from the main objects of the Trust.
iii. Be contrary to the provisions of Section 11,12,13 and 80G of the Income Tax
Act 1961, or any other relevant statutory provisions.
b. Any amendment shall be made through supplementary deed duly registered with the
Sub-Registrar.
12 DISSOLUTION AND WINDING UP:
a. In the events of dissolution or winding up of the Trust, after satisfying all debts and
liabilities, the remaining assets, if any, shall not to be disturbed among the Trustees
but shall be transferred to another charitable institution having similar objects and
registered under Section 12A/12AA and approved under Section 80G of Income Tax
Act, 1961, or to Government, as may be determined by the Trustees, and with the
prior approval of the Principal Commissioner or Commissioner of Income Tax.
b. Under no circumstances shall the assets of the Trust on dissolution or winding up
revert to the Founder or his/her heirs or any pf the Trustees.
13 GOVERNING LAW AND JURISDICTION:
This Deed shall be governed by and constructed in accordance with the laws of India.
The courts in ZIRAKPUR, PUNJAB shall be having exclusive jurisdiction to entertain
any suits or proceedings arising out of this Deed.

14 INCOME TAX ACT, 1961 COMPLAINCE:

The Trust shall comply with all relevant provisions of the Income Tax Act 1961,
including Sections 11, 12, 12A, 12AB, 13, 80G, and any other applicable sections and
rules framed thereunder, as amended from time to time, to avail and maintain its
charitable status and exemptions.

IN WITNESS WHEREOF THE AUTHOR OF THESE AND TRUSTEES HERETO

HAVE SET THEIR RESPECTIVE HANDS THE DAY AND YEAR FIEST HERIEN
ABOVE WRITTEN.

WITNESSES:

Witness No. 1

FOUNDER:
 Signature

TRUSTEES: