TRUST DEED
THIS DEED OF PUBLIC CHARITABLE TRUST executed on the ------------- day
of --------------- by XXX, aged XX residing at XXX hereinafter called the author
of the Trust.
WHEREAS the declarant of this Trust (hereinafter referred to as the Author)
has declared this trust with the objects listed hereinafter; and
WHEREAS, the Author of the Trust is desirous of having the declaration and
the terms and conditions subject to which the declaration is made, reduced
to writing, it is now formally set out in the indenture, to serve as a trust
deed.
NOW THIS DEED WITNESSETH:
1. DECLARATION:
That I, the undersigned do hereby declare that I have irrevocably
settled an amount of INR XXX/- (Indian Rupees XXX only) for the sole
purpose of creation of the Trust and that it should form the nucleus
and corpus fund of the Trust, subject to the terms and conditions
hereunder:-
2. NAME OF THE TRUST
The name of the TRUST shall be: --------------------------------
3. ADDRESS
The Trust shall operate out of -------------------------------------- or such
other places as may be found logistically suitable from time to time.
4. TRUSTEES
The first trustees shall be the following
a. --------------
b. --------------
The above named trustees shall hold office for life:
5. BOARD OF TRUSTEES
The Trustees will collectively be known as the Board of Trustees. The Board
shall have a minimum of two members and a maximum of 5 members. The
quorum for the board meeting shall be two third of total number of
trustees.
6. VACANCY IN TRUSTEES’ OFFICE
The Board may collectively act for filling up vacancies resulting from
resignation, natural causes, created in Trustees’ position.
7. OFFICE BEARERS
A Secretary will be in charge of day to day affairs of the Trust. A Treasurer
will be hired to maintain and record proper accounts of the money received
and spent. The office bearers shall be elected amongst Trustees every year.
For reason to be recorded in writing, the office bearers can be chosen
outside the board.
8. OBJECTS
The objects of the Trust are as under:
Education and Learning:
i. To provide education and learning to all children, young men and
women. The lesson can be imparted via class room sessions, virtual
trainings or a combination of both.
ii. To provide education at nominal costs to children and youth who are
from economically weaker sections of society.
iii. To fund education/tuition/library fees partly or in full for children,
young men and women who are from economically weaker sections
of the society.
iv. To establish learnings centres to impart education to children and
youth.
v. To collaborate with other learnings centres for achieving objectives i
to iv laid above
Medical
vi. To provide relief for medical treatment of poor and lower sections of
society by contributing partly or fully towards medical expenses,
treatment, cost of medicines, lab tests, surgery expenses,
rehabilitation, recuperation, etc.
vii. To conduct medical camps or clinics and distribute free / subsidised
medicines, medical kits for the use of the people from the lower
sections of society.
viii. To conduct general safety workshop and educate people on safety
aspects of everyday life and protection against hazards.
Sustainable Living
ix. To work with poor and lower sections of society in the areas of
sustainable livelihood and poverty eradication.
x. To do all such activities that would allow the common man to lead a
life of dignity and honesty.
Other Objects
xi. To promote the physical development of the youth participants by
engaging in regular physical activities thus promoting overall
health.
xii. Establish partnerships with local sports organizations or facilities to
provide accessible and diverse physical development opportunities.
xiii. Facilitate workshops or events that promote teamwork,
communication, and interpersonal skills for youth participants to
develop their social skills.
xiv. Establish mentorship programs connecting experienced individuals
with youth to provide guidance and support in personal and social
development.
xv. Develop and implement educational programs that enhance critical
thinking and problem-solving skills for the youth.
xvi. Collaborate with local educational institutions to provide
scholarships, tutoring, or skill-building workshops to support
intellectual growth.
xvii. Organize regular spiritual development sessions or retreats,
ensuring the participation of the youth members.
xviii. Partner with local religious or spiritual organizations to provide
resources and guidance on personal values and ethical decision-
making.
xix. Coaching and mentoring in all areas of their life in order to make
them successful and benefit society.
xx. Establish a monitoring and evaluation system to assess the
progress of youth development programs against set objectives.
xxi. Conduct regular surveys and feedback sessions to gather input
from youth participants and adjust programs accordingly.
xxii. Foster community involvement by organizing community outreach
events, and involving youth participants in volunteer activities to
address social issues in the community.
xxiii. Collaborate with local businesses and community leaders to create
opportunities for youth to engage in community development
projects.
xxiv. Develop and implement fundraising strategies to ensure the
financial sustainability of the organization's youth development
initiatives.
xxv. Diversify funding sources through corporate sponsorships and
community fundraising events.
xxvi. Maintain accurate records of program activities, expenditures, and
outcomes for transparency and accountability.
xxvii. Produce regular reports for stakeholders, highlighting the impact of
youth development programs and any adjustments made based on
evaluations.
Funding
xxviii. To accept gifts in kind, cash, donations, endowments or property,
assets on such terms and conditions as may be mutually
acceptable to the Donor institution and the Trust.
Limitation
xxix. The trust funds shall be applied only for charitable purposes in
India.
xxx. The objects of the trust shall be carried out without any
discrimination on the basis of caste, creed, colour, gender, religion
and sexual orientation.
xxxi. The trust will not engage in any activity with a profit motive.
xxxii. No part of the income and property of the trust shall be paid or
transferred directly or indirectly to the author, trustees, or their
relatives, or any other interested person within the meaning of Section
13 of the Income Tax Act, 1961, provided that nothing herein
contained shall prevent the payment in good faith and remuneration
in return for any service rendered or for travelling, halting and other
similar charges.
xxxiii. If any of the objects is found to be inconsistent with the objects of a
Public Charitable Trust institution eligible for relief under Section I l or
any other section of the Income Tax Act, 1961 or any other direct tax
law or any other law applicable to public trusts as now enacted or as
may be enacted or amended at a future date, the objects stated
above will be treated as so modified to comply with such law or
amended law, so that any concessions, privileges, conditions or
regulations applicable to such public charitable institutions will
continue to be available or applicable to this trust without any need
for amending the document , so as to retain its character as a public
charitable institution without a profit motive with public character
within the meaning of all such laws.
9. CONSTITUTION OF THE BOARD OF TRUSTEES
i. The Board of Trustees shall have as its members all Trustees whether
appointed by this indenture or co-opted, PRESIDENT of the Board shall
preside over the meetings and conduct the proceedings. In his
absence, any other Trustee chosen by the members attending the
meeting will preside over that meeting.
ii. Any trustee can be removed from Trusteeship for insolvency or
misconduct after a resolution by consensus of all other trustees
after reasonable opportunity to him/her in writing
10. MEETINGS
The Board Meeting will be held, at least, once in three months, notice of such
meeting shall be given 7 days in advance, Decisions will be taken as far as
possible by consensus and in the event of any difference, by majority. Where
the votes are equal, the PRESIDENT will have the casting vote, where notice
of the meeting has been served in time. There will be no quorum for such
meetings.
Resolution by circulation is permissible.
[Link] OF THE BOARD OF TRUSTEES
To carry out the above objectives and for the management of the
properties of the Trust, the Trust shall the following powers.
i. To work with business houses, government, bi-lateral agencies,
individuals, other Non Government Organisations, service providers,
volunteers, self-help groups, Societies and participate in all socio-
techno-economic activities and services for the promotion of the object
of the trust.
ii. Board of Trustees shall have the power to invest the funds in best
possible manner with a view to protect and augment the resources of
the Trust to be able to better fulfill the objects of the Trust, but the Trust
will not embark on any business or Invest in any speculative venture.
Such investments will also not deviate from the requirements of any law
relating to Public Trusts or law relating to exemptions under section I l to
13 of the Income- tax Act or other laws relating to public trusts.
iii. The Trustees will be entitled to accumulate the income for the trust for
the objects of the Trust and to apply the same either out of the funds or
the income for purposes of the Trust to the extent considered prudent
and necessary during the year subject to any regulations governing
such accumulations under any law for the time being in force.
iv. Board of Trustees shall open and operate one or more bank accounts as
may be authorized by resolution to be operated by the Trust. The Board
will have power to borrow, sign bills of exchange and cheques and
authorise for this purpose any two of the Trustees or anyone of them to
exercise such power on its behalf by a Resolution.
v. Board of Trustee shall have power to acquire immovable property sell,
charge, rent out or otherwise alienate the assets including immovable
property for protecting or improving the Trust property or for any
objects of the Trust subject to prior approval of Director of Income Tax
(Exemption).
vi. Trustees will have powers to engage, suspend or dismiss employees to
take such other action to ensure proper management. It will have all
powers necessary and incidental for management and administration of
the Trust and its properties.
vii. To construct, acquire any immovable property and accept movable /
immovable property as gifts from public / any institution.
viii. Board of Trustees may invite any employee, expert or any like-minded
individuals to attend Trust Board meeting for advice and participation
without right to vote.
ix. All properties, whether movable or immovable, whether owned or
entrusted to the Trust by any person or body for management will stand
vested in the trust and will be subject to control and supervision of the
Board.
x. The Trustees may frame Rules and Regulations for the proper and
effective administration of the Institutes.
12. FUNCTIONS
Without affecting 'the generality of powers and functions of the trustee/s to
manage and administer the trust, the trustees shall have the following
functions:
i. To borrow if need be against the security of the assets of the trust by
way of bank overdraft, loan or otherwise, as may be necessary, for the
benefit of the trust and for more effectively carrying out the objects
and to bind the trust property for the purposes and enter into any
agreement and sign such document authorizing two or more of the
trustees to execute such documents, deeds, papers, etc. as may be
necessary In connection therewith.
ii. To arrange for and / or authorize the signing of or execution of any
agreement, contract, instrument, document or any other paper or
writing required to be signed or executed on behalf of the trustee/s by
any two of the trustees to be nominated in this behalf by a resolution
at the meeting of the Board of Trustees and to make the same
effective and binding as if the said agreement, contract, instrument or
document or paper or writing were signed by all the trustees.
iii. To appoint or make provision for the appointment of one of the trustees
or any other person as a paid Secretary or any other persons to attend
or supervise or conduct specified jobs or functions or entrust matters in
such manner and subject to such rules and regulations as the trustees
may prescribe.
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 manner and subject to such terms and conditions,
rules and regulations as trustee's my from time to time think fit and
proper.
v. To spend any portion of the corpus or the income of the trust for
purchasing any land and (or constructing any buildings for and in the
name of the trust for the purpose of carrying out, promoting
and/or executing any or all the objects of the trust.
13. OTHER INCIDENTAL POWERS
i. The trustee may invest the Trust funds either in immovable properties
or in such manner as prescribed by these presents and as allowed by
law as may be in force from time to time and to convert, alter, vary,
dispose of or transfer such investments from time to time for better
being able to conduct the affairs of the trust consistent with the objects
of the trust.
ii. If the income from the trust property in a particular year is not fully
utilised, unexpended income subject to the applicable provisions of
the Income tax Act, 1961 as may be amended from time to time or
under any provision of Trust law or regulations governing such
charitable institutions shall be carried over to the next year or years
and spent in such subsequent year or years for the advancement of
any of the object of the trust, the money meanwhile being invested in
the manner required or permitted by the above said laws.
iii. The trustee shall be at liberty to sell mortgage charge or otherwise
alienate the movable or immovable properties forming part of the
Trust Estate either by public auction or by private contract at such
price or prices and in such terms and conditions relating to title or
otherwise in all respects as they may in their absolute discretion think
fir and to rescind or vary any contract for the sale thereof and to resell
the same and to execute all conveyance or other assurances and to
pass valid and effectual receipts and discharges for all moneys
received by them. However, board shall obtain prior approval of
Director of Income Tax (Exemption) before alienating any immovable
property.
iv. The trustees shall kept an account or accounts with any bank or
banks, to operate such account or accounts whether in debit or in
credit and to give all appropriate instructions to the banker or bankers
concerning the operation of such account or accounts and to authorize
by appropriate direction on resolution of the trustees any one trustee
or any one trustee jointly with another trustee or an agent appointed
in this behalf to operate such account or accounts.
v. The trustees may pay all charges and outgoings for maintenance and
improvement payable in respect of any immovable property for the
time being forming part of the Trust Fund and may carry out repairs
required to be done to the same and keep the same insured against
loss.
vi. The trustees shall maintain, improve and look after Trust property in a
manner that may be appropriate given the nature of the property. All
other costs, charges and expenses incidental to the administration
and management of the Trust Estate and the properties for the time
being belonging to the trust may be incurred as they may in their
absolute discretion think fit. The trustees will be entitled to
reimbursement of any expenses which they may incur in respect of
conduct of the activities of the trust.
vii. The trustees may manage and supervise the management of any
lands, hereditaments, and premises for the time being comprised in
the Trust Estate or any part thereof with power to erect, pull down, re-
build, add to, alter and repair houses and other buildings and to build
drains and make roads and fences and otherwise to improve and
develop and to ultimately cause to be cultivated all or any of the said
lands, hereditaments and premises and to insure houses and buildings
against loss or damage by fire and/or other risks or to let, lease or
make such arrangements with tenants, agriculturists and others
generally to deal with the said lands, hereditaments and premises as
they may deem fit in their absolute discretion for the benefit of the
Trust.
viii. The trustees may appoint, employ or engage secretaries, managers,
accountants, lawyers or others for the purposes of management and
supervision of the Trust Estate for collection of rents, effects and
profits, for keeping the accounts and records and for other purposes of
the trust.
ix. The trustees may establish its office or function at such place or
places and may change such places form time to time as they may
think fit.
x. The trustees may demise the immovable property or properties for the
time being and form time to time belonging to the trust either form
year to year or for any fixed term or for any term of years or on
monthly tenancies at such rent and subject to such covenants and
conditions as may bc considered proper and also accept surrenders of
lease and tenancies and generally manage the same in such manner
as my be considered reasonable
xi. The Trustees shall have Cull power to compromise or compound all
actions, suits and other proceedings and settle differences and
disputes touching the trust Estate and/or the Trust properties and to
refer nay such differences or 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 or effectually
without being liable or answerable for any bonaflde loss occasioned
thereby.
xii. The trustees may join, co-operate or work with any trust or institution
in any joint programme or activity upon such terms as they may in
their absolute discretion think fit as long as it is dome in a manner not
inconsistent with the objects of the trust.
xiii. The trustees may from time to time frame schemes, rules and
regulations for managing the affairs of the trust and for giving effect
to the objects of the trust and may vary the schemes, rules and
regulations form time to time as they may in the discretion deem
necessary and proper.
xiv. The receipts granted by the trustees or any one or more of them for
monies or receipts in kind paid delivered or transferred to them in
exercise of the trust or powers hereof shall efTectually release and
discharge the person or persons paying, delivering or transferring the
same.
14. ACCOUNTS
st
i. Accounts will be kept for the Trust and closed on every 31 March and
such accounts shall also be audited by a qualified Chartered
Accountant within six months from end of the accounting year.
15. DURATION OF THE TRUST
i. The Trust is irrevocable and will continue to perpetuity.
16. AMENDMENT TO THIS TRUST DEED
i. It will not be open to the trustees to amend the objects or the terms
stipulated in this indenture. If any amendment is necessary for more
effective implementation of the objects, it may be made subject to the
concurrence of the Commissioner of Income-tax/Chief Commissioner of
Income-tax/Director of Exemptions or any' other concerned authority
under direct tax laws in order that the trust may continue to have the
status of a public trust under section I l of the Income-tax Act or any
analogous sections under the same or other laws, now or as may be
amended from time to time.
17. INDEMNITY FOR TRUSTEES
i. Trustees will not be personally liable for any act bona fide done on
behalf of the Trust in the course of duties as a Trustee.
18. SUITS & PROCESSES
i. The Managing Trustee may sue and be sued in the name of the Trust.
19. RECORD
i. Board will cause a record to be kept of investments and
disbursements besides a Minutes Book recording all resolutions and
proceedings for every meeting duly confirmed at next meeting and
attested by the Chairman of the next meeting.
20. SAVINGS CLAUSE
i. If the object or any of the powers or any provision in the Trust Deed is
inconsistent with requirements of laws relating to Public Trusts or Trusts
eligible for exemption under the Income-tax Act, or any other direct tax
law, such object, power or provisions will stand modified to the extent
that they should accord with such law, so as to continue to be eligible to
be treated as a Public Charitable Trust
21. RESOLVING DISPUTES
i. If there by any doubt about interpretation Of this Deed or its
application in the conduct or the affairs of the Trust, the matter shall
be resolved by consensus after getting competent professional
opinion failing which it will be resolved by arbitration under the
Arbitration and Conciliation Act, 1996.
22. POWER TO SUE AND DEFEND SUITS
i. Board of Trustees or any trustee on behalf of the trust shall have
power to sue, defend suits and compromise them in the interest of the
Trust in the name of the Trust.
23. DISSOLUTION
i. In case it becomes necessary to windup or otherwise determine this
Trust for whatever reason, the net funds and other assets, if any, after
meeting all liabilities will be handed over to any other similar Trust or
Institution similarly satisfying the requirements for exemption under
the Income Tax Act, 1961 as may be decided by the Board of Trustees.
ii. At present expect for corpus fund, there are no movable / immovable
properties in this trust.
THE DECLARANT IN AFFIRMATION OF THIS DECLARATION OF THE
TRUST AFFIXES HIS/HER SIGNATURE BEFORE WITNESSES HEREUNDER