Trust Deed Sample
Trust Deed Sample
THIS INDENTURE OF TRUST executed on this -------------day of ------2005 BY , son / daughter / wife of ---------------, aged ----, residing at ---------------------------------------- (hereinafter referred to as the SETTLOR which term wherever the context so requires or admits shall mean and include his legal heirs, successors, executors, administrators and assigns of ONE PART IN FAVOR OF 1. -------------son of ----------------------------------------------------2. ---------------son of ---------------------------------------------------, , aged aged aged , aged aged --, --, --, --, --, residing residing residing residing residing at at at at at
(hereinafter referred to as THE TRUSTEES which expression wherever the context so requires or admits shall mean and include their legal heirs, successors, executors, administrators and assigns of the SECOND PART. WHEREAS THE SETTLOR a ove named has een desirous of creating and esta lishing a spiritual, educational and a charita le !rust. AND WHEREAS THE SETTLOR a ove named has settled a sum of "s.-------- ("upees ------------------------------------ only# as a fund, AND WHEREAS THE SETTLOR a ove named has settled the assets and properties mentioned in the $chedule hereunder, in favor of the TRUSTEES upon !rust with a view to give effect to his desire of creating and esta lishing a !rust for the purpose of construction of a place of meditation and worship of and for underta%ing other charita le and religious activities for the enefit the pu lic, for the o &ects set out in this trust deed and for fulfillment of which, the terms and conditions are more particularly set out hereunder.
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AND WHEREAS THE TRUSTEES named are willing to accept the office of the !rustees for the purpose of carrying out the wishes of the SETTLOR of the !rust under the provisions and directions set forth herein, so as to ena le to pursue its vowed o &ects. THIS INDENTURE WITNESSETH AS FOLLOWS '# !he SETTLOR a ove named here y esta lishes a (u lic )harita le !rust y the name of ----------------------------------- for the purpose and upon the conditions set forth hereunder 2# !he TRUSTEES named a ove shall e the first trustees and have given their consent to e appointed as the trustees and as to%en thereof, they have set their hands to this instrument. *# !he SETTLOR here y conveys, transfers and assigns to the TRUSTEES the a ove referred sum of "s. ---- ("upees -------------------- only# as corpus to the TRUST, the receipt of which, the TRUSTEES do here y admit and ac%nowledge +# !he SETTLOR of the !rust here y conveys, transfers, assigns to the TRUSTEES the assets ad properties mentioned in the $chedule hereunder, the possession of which the !rustees here y admit and ac%nowledge, to have and to hold the same in trust as corpus of the !rust, to e used y the !rustees to carry out and fulfill the o &ects of the !rust set forth herein, and the $,!!-." of the !rust here y relinquishes for all time any claim to or interest in the said assets and properties or fund forming the su &ect matter of the !rust. 5# !he office of the !rust for the time eing shall e at -----------------------------------, with the power given to the !rustees to shift the same to any other place as they may mutually agree upon. /# !he TRUSTEES do here y agree that they shall hold and stand possessed of the said trust assets, properties and funds (which expression shall include all investments in cash or %ind or in any nature whatsoever into and for which, the said property or a part or parts thereof may from time to time e converted, varied or exchanged# and/ or such investments as may e held y the TRUSTEES from time to time in relation to these presents together with all income, profits, additions and accretions thereof, upon trust for the o &ect set out herein with and su &ect to the provisions and conditions hereinafter contained in these presents.
I. OB!ECTS" !he o &ects of the !rust are0 '. )onstruction and maintenance $hirdi $ai a a 1editation and (rayer 2all for the enefit of the pu lic. 2. )onstruction and running of $chools, colleges, education institutions, free dispensaries, )entres for poor feeding and homes for the aged for the enefit of the pu lic. *. (roviding for grants, scholarships, fellowships and other forms of financial assistance to the needy and deserving students for pursuing education, vocational training, s%ill development etc. +. 3ranting of financial assistance to any educational institution for granting scholarships, pri4es, medals, awards for excellence in studies, sports and scientific research, distri ution of oo%s and note oo%s for poor and deserving students. 5. ,sta lishment, conduct, maintenance of clinical la oratories, hospitals, nursing homes, dispensaries and institutions of similar nature and providing financial assistance to the deserving persons for medical treatment, in any medical institution. /. (roviding financial assistance for performing annadhanam and feeding the poor directly and through other institutions. 5. ,sta lishment, conduct, maintenance of old age homes, homes for physically challenged men, women and children and persons with similar disa ilities and also for granting financial assistance to institutions performing similar activities. 6. 3rant of donation to any !emple, 1osque, )hurch, 3urudwara and other places of worship and / or religious institutions. 2owever, the !rust shall not underta%e any religious activities. 7. (roviding for or contri uting to education and scientific research and development. '0. (roviding relief to the poor and advancing any other o &ect of general pu lic utility. ''. !he !rust will not carry out any activities with the intention of earning profit and will perform with service motive only. '2. 8o activities of the !rust will e carried out outside 9ndia.
II. BENEFICIARIES OF THE TRUST" !he !rust is esta lished for the enefit of citi4ens of 9ndia and the class of people mentioned a ove without discrimination of caste, religion, creed or sex. III. PROPERTIES" !he !rust properties shall consist of '. !he amount !ransferred y the SETTLOR as mentioned a ove, towards the )orpus fund of the !rust. 2. !he immova le properties and other assets transferred mentioned a ove. y SETTLOR as
*. :ny cash, %ind, properties, mova le and immova le that may e acquired y purchase or otherwise or all manner of rights, title or interest in or over any property mova le or immova le +. :ll additions and accretions to the !rust properties and the income there from 5. :ll donations, gifts, legacies or grants, in cash or %ind accepted y the T#$%&''% upon !rust. !he properties of the !rust shall e utili4ed for the o &ects set forth herein a ove and su &ect to the provisions and conditions herein mentioned.
IV. NU(BER OF TRUSTEES, THEIR TER( AND POWER TO CO-OPT" !he !rust will e managed y a B)*#+ ), T#$%&''% consisting of not less than * trustees and not more than 7 trustees. !he parties of the $econd (art will e ;irst !rustees and they shall automatically form the <oard of !rustees !he first (*-*./-. T#$%&'' shall e the SETTLOR and he will hold office for his life time. :fter the demise or relinquishment of office of the 1anaging !rustee or in the event of the first 1anaging !rustee failing to nominate his successor in office, the remaining trustees shall elect one of the other !rustees as 1anaging !rustee. !he term of office of ;irst !rustees shall e for their respective lives. !he <oard of !rustees shall have the power to increase the total num er of !rustees upto the maximum num er stated a ove and fix their term as per provisions contained herein.
:ny !rustee, including the 1anaging !rustee may retire from the !rusteeship hereof y giving two calendar months notice in writing of his or her intention to do so, to the <oard of !rustees and after the expiry of the period of notice, the !rustee giving the notice shall ipso facto cease to e a !rustee of these presents. :ny vacancy caused y death of any one of the ;irst !rustees, or any vacancy caused y the resignation of any of the !rustees, may e filled up y cooption y the <oard of !rustees. !he !rustees who are not ;irst 1anaging !rustee or ;irst !rustees shall hold office for a period of one year from their date of appointment y the !rustees. :t the end of this one year period, the <oard of !rustees may reappoint them for su sequent term or appoint other persons as !rustees in such a manner that the total num er of !rustees does not exceed the approved maximum num er of !rustees. !he 1anaging !rustee shall have the power to remove a !rustee suffering from physical or mental disa ility or if he is accused of misfeasance of trust funds or property or misconduct, after satisfying himself on enquiry and such action of the 1anaging !rustee shall e final. !he proceedings of the <oard of !rustees shall not in any way e invalidated due to any post or posts remaining vacant. =uring the time when a vacancy is yet to e filled up, the remaining !rustees shall act as 0F$11 B)*#+2, su &ect to the presence of >uorum in the meetings. :ny vacancy in the <oard of !rustees or illegality in the appointment of !rustees or their proceedings shall not invalidate any prior act or decision of the <oard. V. TRUST AD(INISTRATION AND POWER TO THE BOARD" A. !he B)*#+ ), T#$%&''% shall have power to0 '. !o administer the !rust, its properties and affairs and do all the things which will fulfill the performance of the o &ects for which the !rust is esta lished and for this purpose the <oard can apply the whole or any part of the !rust property towards the payment of the expenses of the !rust. 2. !he income and the properties of the !rust will e solely utili4ed towards the o &ects of the !rust and no portion of it will e utili4ed for payment to the $ettler, or !rustees or their relatives y way of salary, allowances, profit, interest, dividend etc.
*. !o open one or more an% accounts and operate the same or provide for operation of the said accounts y any two among them authori4ed on their ehalf. +. !o invest the !rust funds in the manner not prohi ited y any provisions of the 9ncome !ax :ct, '7/'.
5. !o uy, sell, mortgage, grant, lease, hire or otherwise alienate all or any of the properties of the !rust in its discretion for adequate consideration, so however any sale or alienation of immova le properties of the trust can e done only after o taining the prior approval of the )ommissioner of 9ncome !ax. /. !o execute power of attorney or powers of attorney to any person for the purpose of executing, administering or managing the whole or any part of the !rust for the purpose of all or some among the o &ects of the !rust. 5. !o orrow money with or without security and to repay the same. 6. !o receive, collect and enforce recovery of all monies due or paya le to the !rust and grant receipts and discharges therefore. 7. !o settle, compromise or compound any disputes or refer the same to ar itration or litigation. '0. !o receive voluntary contri utions from any person or persons from 9ndia or outside, after complying with the statutory formalities, y way of donation, gifts or in any other manner and to hold the same upon !rust for the o &ects set forth herein. ''. !o appoint, suspend, dismiss or otherwise deal with the staff required for the administration of the !rust, to frame rules relating to their salaries and other enefits and generally to exercise all powers ancillary and incidental to effectively carry out the o &ects of the !rust. '2. !he <oard shall have power to ma%e and rescind rules and regulations for the management and administration of the !rust. '*. 8o !rustee shall commit any act or reach of !rust of the !rust fund or property or cause any loss to the !rust property or commit fraud in the administration of the !rust fund / property. '+. !he !rustees shall hold honorary office and shall not e entitled to any $alary, allowances or perquisites, except for the reim ursement of actual expenses incurred in connection with attending to the !rust matters. '5. !he <oard of !rustees will follow the instructions given y any donor who ma%es su stantial contri ution towards furtherance of the o &ects of the !rust, so long as such instructions are not detrimental to the attainment of the o &ects of the !rust and are in conformity with the provisions of the 9ncome-tax :ct, '7/'.
'/. ;or the management and administration of the !rust, the !rustees shall elect one amongst themselves for each of the offices of V/3' P#'%/+'-&, S'3#'&*#4 *-+ T#'*%$#'#. !he term of office for ?ice (resident, $ecretary and !reasurer shall e for a period of one year from their date of appointment and they may e reelected for further terms. 8o !rustee including the 1anaging !rustee shall hold more than one of the a ove offices at the same time. !he persons holding these offices of ?ice (resident, $ecretary and !reasurer shall e under the administrative guidance and supervision of the 1anaging !rustee and will report to him directly.
B. ROLES AND RESPONSIBILITIES AND POWERS !he "oles, "esponsi ilities and powers of all these officers is defined elow. 9n addition to these, the 1anaging !rustee may grant additional roles, responsi ilities and powers to any of the !rustees. *5 (ANA6IN6 TRUSTEE" 9n addition to discharging normal duties of a trustee, the 1anaging !rustee shall preside over meeting of the <oard of !rustees. !he 1anaging !rustee is authori4ed to sign all documents, including an% documents, ac%nowledgements for the contri utions received, and agreements with individuals, 3overnment 9nstitutions and other organi4ations, on ehalf of the <oard of !rustees. !he 1anaging !rustee shall have all the residuary powers, not explicitly assigned to any of the other officers in these presents. !he 1anaging !rustee is authori4ed to sign along with the !reasurer an% cheques, deposit release vouchers etc. !he 1anaging !rustee is empowered to remove any !rustee from the !rust and its offices, if he/she finds that his/her activities are not congenial to the activities of the !rust. !he 1anaging !rustee is responsi le for ensuring that the !rust pursues its . &ects and for maintaining the dignity of the !rust organi4ation and shall use his/her influence to promote the activities of the !rust. 75 VICE PRESIDENT" !he ?ice (resident shall discharge the duties of the 1anaging !rustee, in the a sence of the 1anaging !rustee of the !rust and shall have the power and authority delegated and assigned to him/her y the 1anaging !rustee. 35 SECRETARY" !he $ecretary shall maintain the records of the organi4ation prepare and circulate agenda and minutes of <oard of !rustee meeting for the approval of the 1anaging !rustee.
!he $ecretary shall e also responsi le for the day to day administration activities of the !rust. !he $ecretary shall deal with correspondence received y the !rust, send replies in consultation with the 1anaging !rustee, ?ice (resident and/or the !reasurer where necessary. 2e/she is responsi le for the safe custody of all the properties and records of the !rust. !he $ecretary shall represent the !rust in all legal matters, sign the papers related to legal cases, attend to courts or represent the !rust in 3overnment offices. +5 TREASURER" !he !reasurer will prepare :nnual <udget, monthly and yearly expenditure statements get the expenditure audited y auditor duly appointed y the <oard of !rustees and place them efore the <oard of !rustees for approval. !he !reasurer is responsi le to maintain cash oo% and prepare vouchers for the payments made, receive contri utions, sign ac%nowledgements for the amounts or articles received y the !rust and prepare monthly and yearly statements of revenue and expenditure, as well as, the register of assets of the !rust and place them efore the <oard of !rustees for their approval. !he !reasurer is authori4ed to sign an% cheques, application for drafts and payment instructions &ointly with the 1anaging !rustee and draw money from the an%, upto the limits defined y the <oard of !rustees in their meetings. !he !reasurer is responsi le for safe custody of cash, onds, securities etc. of the !rust.
VI.
(EETIN6 OF THE BOARD OF TRUSTEES" !he <oard of !rustees should meet atleast once in every calendar quarter and may meet more often when required.
'# !he meeting of <oard of !rustees shall e convened y the 1anaging !rustee and he shall preside over the meetings. 9n his a sence, the 1anaging !rustee may authori4e the ?ice (resident to e the )hairman of such meetings. 9n the event the 1anaging !rustee or ?ice (resident are not a le to attend the meeting already convened, any of the !rustees present in the meeting may elect one amongst themselves to e the )hairman of the meeting. 2# .ne half of the <oard of !rustees or a minimum of two trustees, whichever is higher, shall constitute the >@."@1 for the <oard of !rustee meetings. *# :ll decisions shall e carried out y the ma&ority decision of the <oard ut in the event of equality of votes, the )hairman presiding over the meeting shall have a casting vote. +# :ny resolution in writing signed y all the !rustees y circulation shall have equal force as though it has een passed at a meeting of the <oard of !rustees. 5# !he meeting of the <oard shall e conveyed after giving at least a wee%As notice unless all the !rustees agree to accept a shorter notice.
/# !he <oard of !rustees may invite other persons interested in the o &ects and functioning of the !rust to attend the meetings of the <oard, ut they shall not e entitled vote in the meetings of the <oard. VII. BAN8 ACCOUNT" !he 1anaging !rustee and the !reasurer shall &ointly operate <an% :ccounts on ehalf of the !rust. 9n their a sence, any of the !rustees may e authori4ed y the <oard of !rustees, y a resolution, to operate the an% accounts. .ne or more <an% :ccounts may e opened in any <an% and or <an%s in the name of the !rust. VIII. INVEST(ENT OF TRUST FUNDS" '# !he <oard of !rustees shall have the power to invest the funds, assets and properties of the !rust at their discretion in accordance with the provisions of the 9ncome !ax :ct, '7/'. 2# !he <oard shall also determine from time to time, the amount it shall spend on the various activities of the !rust.
I . ACCOUNTS AND AUDIT" '# !he financial year of the !rust shall e from 'st :pril to *'st 1arch of the following year, unless otherwise decided y the <oard of !rustees. 2# !he <oard of !rustees shall maintain true and correct accounts of the !rust. *# !he accounts of the !rust shall e annually audited y a )hartered :ccountant appointed y the <oard of !rustees and the audited statement of account shall e placed efore the <oard for its approval within three months of the close of the financial year. . A(END(ENTS" '# Bhile this !rust shall e irrevoca le, the <oard of !rustees may amend any of the clauses except those relating to o &ects of the !rust, the ;irst 1anaging !rustee and ;irst !rustees, at a duly convened meeting of the <oard with at least 2 wee%sA notice, and y a resolution passed y atleast three-fourths ma&ority of the <oard of !rustees present and voting. !he amendments to the !rust deed, can only e passed y a resolution of the <oard of !rustees in an actual meeting and not y circulation.
2# 9f any alteration or amendment is necessary, the same shall e affected through supplementary deed/deeds with the previous approval of the )ommissioner of 9ncome !ax and these shall e read together with the main !rust deed. I. INDE(NITY" !he <oard of !rustees shall e indemnified for any act done y them in good faith in the course of the administration of the !rust.
II. SETTLOR AND THEIR RELATIVES" 8ot withstanding the powers vested with the !rustees under the proceeding clause, no part of the income of the !rust shall enefit directly or indirectly the trustees and no part of the income of the property of the !rust shall e used or applied directly or indirectly for the enefit of0 (a# SETTLOR, (*-*./-. T#$%&'', T#$%&''% or su stantial contri ution to the !rust or of any (*-*./-. T#$%&'', T#$%&''% or the person contri ution. ( # :ny 0#'1*&'+ 3)-3'#-2 in which any of the a interest. any person who ma%es a relative of the SETTLOR, who ma%es a su stantial ove persons has su stantial
(c# ;or the purpose of this clause, the word 0#'1*&/9'2 and the phrases 0#'1*&'+ 3)-3'#-2, 0%$7%&*-&/*1 /-&'#'%&2 and 0%$7%&*-&/*1 3)-&#/7$&/)-2 shall have the meanings assigned to them in the 9ncome !ax :ct, '7/'. III. APPLICABILITY OF TRUST ACT" !he provisions of the 9ndian !rust :ct '662 shall apply to all matters not specifically mentioned in these presents. IV. APPLICATION OF INCO(E TA ACT" :ll clauses herein are intended to secure exemption from 9ncome !ax on the income of contri utions and donations to the !rust and any clause or portion of this =eed of !rust which is inconsistent with or repugnant to the sections of the 9ncome !ax :ct, '7/' as amended, su stituted or modified from time to time, shall e deemed to e deleted or modified with effect from the date on which the sections to which the clause or part of a clause is repugnant or inconsistent comes into force.
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VI. DISSOLUTION" 9n the event of dissolution of the !rust, the entire !rust funds shall e reali4ed and first e used for payment of lia ilities of the !rust. !he assets left if any, shall e dis ursed to other !rusts or :ssociations having similar o &ectives after o taining previous approval of )ommissioner of 9ncome-tax and in no event it shall e distri uted in any manner, to any of the <oard of !rustees or their relatives or related concerns. SCHEDULE :t present, the !rust has no property or assets, either mova le or immova le, other than the !rust ;und and the immova le properties, donated y the $,!!-.", as descri ed in the $chedule elow0 1. C*%: 3)-&#/7$&/)- &) &:' C)#;$% F$-+ ), &:' T#$%& ), R$;''% --------------<R$;''% --------------------------------------------------------------------------- )-145 2. P#);'#&/'% -------------------------------------------------------------------------3. A%%'&% ----------------------------------------------------------------------------),
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IN WITNESS WHEREOF THE SETTLER AND THE FIRST TRUSTEES here to have set their hands on the day, month, and year first a ove written. SI6NATURE OF SETTLOR $ignature0 -------------------8ame0 :ddress0 SI6NATURE OF FIRST TRUSTEES '. $ignature0 -------------------8ame0 :ddress0 2. $ignature0 -------------------8ame0 :ddress0 *. $ignature0 -------------------8ame0 :ddress0
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