Making It Easy
Search Results
4070 items found for ""
- DRAFT DEBENTURE TRUST DEED THIS TRUST DEED
Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.30/) DRAFT DEBENTURE TRUST DEED THIS TRUST DEED is made this………………… day of………………… 2018, between………………… incorporated under the Companies Act, 2013 with its registered office at………………… (hereinafter called “the Company”) of the One Part, and Mr………………… and Mr………………… (hereinafter called “the Trustees”) of the Other Part. WHEREAS by Sub-Clause………………… of Clause………………… of its Memorandum of Association, the company is authorised to borrow or raise and secure the payment of money by the issue of debentures charged upon any of the company’s property. AND WHEREAS the Directors of the company being duly empowered in that behalf by Article No. ………………… of the Articles of Association of the company have decided by a resolution passed in pursuance to Section 179 of the Companies Act, 2013 by the Board of directors in the meeting of the Board held on………………… to raise a sum of Rs………………… by issue of………………… First Mortgage Debentures of Rs………………… each, bearing interest at………………… per cent per annum framed in accordance with the forms set for in the First Schedule hereto and to secure the same by mortgaging with the trustees the properties described in the Second Schedule hereto. AND WHEREAS the trustees above mentioned have consented to act as trustees for the debenture holders. NOW THIS DEED WITNESSETH AND IT IS HEREBY MUTUALLY AGREED TO AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. That in these presents unless there be something in the subject or context consistent therewith the expression following shall have the meaning hereafter mentioned, that is to say: (a) “Company” means………………… Ltd. (b) “Trustees” means Mr………………… or any other trustees hereof for the time being. (c) “Debentures” means the debenture of the company in the form set out in the First Schedule hereto for the time being outstanding and entitled to the benefit of these presents. (d) “Debenture holders” means the holder for the time being of the debenture issued and entered in the register of debenture holders, mentioned on the conditions endorsed on the debentures on the holder of the debentures. (e) “Mortgaged premises” means the property belonging to the company described in the Second Schedule hereto and comprised in the security of the debenture holders. Words denoting the singular include the plural and vice versa unless the contrary appears from the context. (f) Act means the Companies Act, 2013 and any modification or re-enactments thereof. 2. The debentures entitled to the benefit of these presents shall consist of a series of number of debentures of Rs………………… each, aggregating to Rs………………… in all to rank pari passu without any preference or priority by reason of the date of issue or otherwise and secured by the mortgage hereby created on the mortgaged premises. 3. The company hereby covenants with the trustees that the company will on the………………… day of………………… or such earlier day as the principal moneys shall become payable under clause 7 hereof pay the debenture holders the amounts secured by their debentures respectively, and in the meantime will pay interest to the debenture holders on the day of………………… 20… in each year, the first payment of interest to be made on the day of………………… 20... 4. All payments due by the company in respect of the Debentures issued hereunder whether of interest, principal or premium shall be made by cheque or warrant drawn by the company on its bankers and the company shall make at its own expenses all arrangements, with its Bankers as shall be necessary to ensure that such cheques or warrants shall be encashable for the amount for which they are expressed without any deduction whatsoever at the office of its bankers in Delhi or such other places in the Union of India as the Trustees may require. 5. In consideration of the debentures hereby authorised aggregating to Rs………………… the company, as the beneficial owner, hereby mortgages unto the trustees all the fixed plant and machinery and fixture at present existing at the company’s factory and described in part A of the Second Schedule hereto and which may be acquired by the company hereafter or fixed or erected hereafter at its factory for the benefit of the debentureholders and the property described in Part B of the Second Schedule as security for the due payment of principal moneys amounting to Rs………………… in aggregate with interest and all other charges, expenses and other dues, the payment of which has been secured by a charge on the mortgaged premises under these presents. The charge hereby created on the property mentioned in Part A of the Second Schedule shall be the specified charge, while that on the property included in Part B of the Second Schedule shall rank as floating charges. The trustees may, at any time, by notice in writing to the company, convert the said floating charge into a specific charge as regards any assets included in the Second Schedule and specified in the notice in case it is, in the opinion of the trustees in danger of being seized or sold under any sort of distress or execution levied or threatened or in any other case. 6. The company shall hold and enjoy all the mortgaged premises and carry on therein and therewith the business or any of the business mentioned in the Memorandum of Association of the company until thesecurity hereby constituted shall become enforceable under the terms of these presents, in which case the trustees may, in their discretion, without any such request as next hereinafter mentioned and shall upon the request in writing of the holder or holders of………………… at least of the debentures, enter upon or take possession of the mortgaged premises, or any of them and may in the like discretion and shall upon the like request sell, call in, collect and convert into money the same or any part thereof with full power to sell any of the same premises either together or in parcels, and either by public auction or private contract, and either for a lumpsum or for a sum payable by instalments or for a sum on account and a mortgage or charge for the balance and with full power upon every such sale to make any special or other stipulations as to title or evidence, or commencement of the title or otherwise which the trustees shall deem proper and with full power to modify or rescind or vary any contract for sale of the said premises or any part thereof and to re-sell the same without being responsible for any loss which may be occasioned thereby and with full power to compromise and effect compositions and for the purposes aforesaid or any of them to execute and do all such assurance and things as they shall think fit. 7. The principal moneys due to the debenture-holders under this Indenture shall become immediately payable and the security hereby constituted shall become enforceable within the meaning of these presents in each and any of the following events: (a) If the company makes default in the payment of any interest which ought to be paid in accordance with these presents. (b) If the company without the consent of debenture holders ceases to carry on its business or gives notice of its intention to do so. (c) If an order has been made by the Court of competent jurisdiction or a special resolution has been passed by the members of the company for winding up the company. (d) If the company acts in contravention of clause………………… of its Articles of Association. (e) If it is certified by a Chartered Accountant capable of being appointed as auditor under the Act, that the liabilities of the company exceed its assets. (f) If the company creates or attempts to create any charge on the mortgaged premises or any part thereof without the prior approval of the trustees/debenture holders. (g) If in the opinion of the trustees the security of debenture holders is in jeopardy. Provided that on the happening of the events specified in sub-clause (a), the permission given by clause 6 to hold and enjoy the mortgaged premises shall not be determined unless and until the trustees shall have first served on the………………… company a preliminary notice requiring the company to pay the interest in arrears and the company shall have neglected for the period of 30 days to comply with such notice. 8. As soon as the principal money shall become payable and the security enforceable under the last preceding clause 7 (and unless the time for payment and the security to be enforced has been expressly extended by the debenture holders), the trustees shall enter upon and take possession of the mortgaged premises and shall forthwith take steps to consult the debenture holders for the purpose of determining whether the business of the company may be allowed to be carried on or whether the mortgaged premises shall be realised by sale or otherwise. 9. Until the happening of some one of the events mentioned in clause no. 7 of this Indenture, the trustees shall not be in any manner bound to interfere with the management of affairs of the said business except to the extent they may consider necessary for the preservation of the mortgaged premises or any part thereof. 10. If the debenture-holders resolve not to allow the business of the company to be carried on as mentioned in clause 9 above but to realise the security, the trustees shall after giving a notice of 30 days in writing to the company, proceed to realise the mortgaged premises by sale or otherwise and, in doing so, shall conform to discretion, if any, given by debenture-holders. 11. The trustees shall apply the proceeds of such sale or other mode of realisation in the following manner, that is to say, that the trustees shall pay: (a) In the first place all costs, charges and expenses incurred in or about such sale or the performance or execution of trust or otherwise in relation to these presents or otherwise in respect of the security, including the remuneration of the trustees. (b) Secondly, the interest for the time being due and owing on the debentures. (c) Thirdly, the principal money then due and owing to debenture-holders. (d) And lastly, the surplus, if any, to the company or its assignee. Provided that if the said money shall be insufficient to pay all such interest or principal money in full, then the said moneys shall be paid rateably and without preference or priority among all debentureholders of this series according to the amount of the face value of the debentures held by them, but all interest shall be paid before any principal money. 12. When all the principal moneys and secured by these presents shall have been paid and satisfied, the trustees shall forthwith, upon the request and at the cost of the company and on being paid all the costs, charges and expenses properly incurred by the trustees in relation to the security, reconvey, reassign, release and surrender the mortgaged premises or so much or the same as shall not have been sold or disposed of, unto the company or its assigns. 13. If the company shall, at any time during the continuance of the security, be desirous of selling, demising or otherwise disposing of or dealing with any part of the mortgaged premises otherwise than in respect of the floating charge the ordinary course of the company’s business, the trustees may, if satisfied that the debenture-holders’ security shall not be thereby prejudiced, assent to or concur in such sale, demise, disposal or other dealing, and may, if necessary, release the property in question from the trust under this deed on such terms as the trustees may determine. 14. The company hereby covenants with the trustees: (i) That the moneys secured by this deed shall be the first mortgage and charge on the mortgaged premises and shall take precedence over all other moneys which may hereinafter be borrowed by the company against the security of the premises. (ii) that the company shall maintain the mortgaged premises and any and every part thereof in a fit and efficient condition of repair and shall keep the said property duly insured against risk of fire, riot, civil and war risks with such insurers and in such manner as the trustees may determine from time to time and, in default, the trustees shall carry out repair and keep insured the mortgaged premises in the interest of the debenture-holders, and shall be entitled to the immediate payment of such expenditure in full. 15. (a) The company shall in each and every year during the continuance of this security pay to the Trustees for the time being of these presents as and by way of remuneration for their services as Trustees the sum of Rs………………… (Rupees………………… only) per annum in addition to all legal, travelling and other costs, charges and expenses incurred by the Trustees on their officers, employees or agents in connection with the execution of the trust hereof (including all the costs, charges and expenses of and incidental to the approval and execution of these presents) and all other documents effecting the security herein and the first of such payments to be made proportionately for the period and the saidremuneration shall continue to be payable until the trust hereof shall be finally discharged. The trustees acknowledge having received from the com pany a sum of Rs………………… (Rupees……………… only) as their fee for agreeing and accepting the trusteeship of these presents. (b) The company shall pay to the trustees all legal travelling and other costs, charges and expenses incurred by them or their agents in connection with execution of trusts of these presents including costs, charges and expenses of and incidental to the approval and execution of these presents and all other documents affecting the security herein and will indemnify them against all actions, proceedings, costs, charges, expenses, claims and demands whatsoever which may arise or be brought or made against or incurred by them in respect of any matter or thing done or permitted to be done without their wilful default in respect of or in relation to the mortgaged premises. 16. The trustees hereof being a corporate body may, in the execution and exercise of all or any of the trusts powers, authorities and discretions vested in them by these presents act by responsible officers or a responsible officer for the time being of the trustees and the trustees may also whenever they think it expedient in the interests of the debenture-holders delegate by power of attorney or otherwise to any such officer or officers all or any of the trusts power, authorities, and discretions vested in them by these presents and any such delegations may be made upon such terms and conditions and subject to such regulations including power to sub-delegate as the trustees may, in the interest of the debentureholders, think fit and the trustees shall not be bound to supervise the proceedings of or be in any way responsible for any loss incurred by reason of any misconduct or default or any mistake, oversight, error of judgement, forgetfulness or want of prudence on the part of any such delegate. Note: This clause is suitable where the trustees is a bank. In case of individual this be modified suitably. 17. The debenture holders may, by an ordinary resolution, remove the trustee or trustees, or the trustee or trustees may, with the consent of the directors of the company and of the majority of the debenture holders in writing resign or retire from trusteeship. 18. In the event of death, bankruptcy, disability or resignation of any trustee or trustees, another trustee or trustees shall be appointed who shall thereafter have and exercise all powers of the trustee or trustees under these presents. The power of appointing a new trustee or trustees shall be vested in the directors, but no such trustee or trustees shall be appointed by the company until his appointment has been approved by an ordinary resolution of the debenture holders. 19. The trustees may by agreement with the directors of the company modify the terms of the deed in any manner that may be necessary to meet any requirement or contingency, provided that the trustees are satisfied that such modifications are in the interests of the debenture holders. 20. If any debenture is proved to the satisfaction of the company to have been lost, the company shall issue a fresh debenture on payment of a fee of Rs………………… for each such debenture and on such indemnity as the directors may think fit. 21. The company hereby covenants with trustees that company will at all times during the continuance of the security (except as may be otherwise previously agreed in writing by the trustees). (a) carry on and conduct its business in proper and efficient manner with due deligence and efficiency with sound financial standing and pay all rents, cesses on mortgage premises, and insured these properties against fire and natural calamities; (b) to keep proper books of account as required under the Act and let them be open to inspection of trustees during business hours; (c) to give trustees such information as he or they may require relating to business, mortgage property and the affairs of the company; (d) not to effect any scheme of amalgamation, merger or reconstructions during the period of debenture or any part thereof remain outstanding; (e) not to utilise any portion of the debentures for purposes other than those for which the same are issued; (f) not to make any material changes in the existing management set up. Not to declare any dividend to the equity (or preference shareholders, if any) in any year until the company has paid or made satisfactory provision for payment of the instalments of principal (if it has become due) and interest due on the debentures; (g) allow the debenture holders a right to appoint a nominee director on the Board of the company. The said director so appointed shall not be liable for rotation nor required to hold any qualification. Thus, if need be, the company shall take immediate steps to amend its Articles of Association accordingly. 22. The company hereby further covenants with the Trustees that the company shall duly perform and observe the obligations hereby imposed upon it by this deed. IN WITNESS WHEREOF THE COMPANY has caused its Common Seal to be affixed to these presents and the trustees have hereto set their hands the day and year above written. Common Seal of the………………… Witnesses: affixed in the presence of (DIRECTOR)
- WAIF FOR PUBLIC AND CHARITABLE PURPOSES
WAIF FOR PUBLIC AND CHARITABLE PURPOSES THIS DEED OF WAKF is made the _______ day of _______ ., 20 _______¸ by me, AA, aged about _______years, son of_________________________________, resident of_____________________________, and I hereby declare and make known to all whom it may concern that amongst other properties I am in my own right in proprietary possession of the properties set out in the schedule hereto and that the said properties are free of all encumbrances, charges and liens whatsoever; AND WHEREAS I have no children, male or female and there are other properties belonging to me sufficient for my maintenance and the maintenance of my wife; AND WHEREAS with the object of attaining Kurbat or nearness to God and reward hereafter, I desire to make a WAKF of the properties set out in the Schedule hereto for any of the purposes recognised by the Mohammedan Law as religious, pious, charitable and more particularly for the maintenance and support of the poor or orphaned children of Mussalmans belonging to __________________ sect. NOW, THEREFORE, THIS DEED WITNESSES that I, the said AA, do hereby dedicate and declare as WAKF all that property more particularly described in the Schedule hereto and hereafter referred to as the Waif property the aggregate approximate value whereof is not more than Rupees__________ (Rs______________________________________________________________________ .) only; AND I hereby constitute and appoint myself the first mutawalli (Superintendent) of the Waif property. I reserve the right to nominate the next mutawalli or during my temporary absence to delegate my powers to such person or persons as I may in my sole discretion consider fit and proper. In case I die and fail to appoint any mutawalli then such person or persons who may be acting in my stead or performing the duties of a mutawalli shall be deemed to be the next mutawalli. If more than one person is nominated by me or is or are acting in my place then both shall continue to act as such mutawallis with power to appoint another in their stead or after them. In case of a vacancy arising in the office of a mutawalli or mutawallis for any reason whatsoever, if no person or persons is or can be appointed then it shall be competent for the principal Civil Court of original jurisdiction to fill in the vacancy or vacancies from amongst any adult person professing the Muslim faith and belonging to _________________ sect: PROVIDED ALWAYS that no person not a Mussalman or renouncing the Mussalman faith shall be appointed or continue to act as mutawalli to the Waif hereby created. The mutawalli or mutawallis for the time being shall exercise all the powers and duties as may be necessary for officiating, managing, preserving and utilising the Waif property and for the said purpose may engage, employee or dismiss any manager, servant, contractor or any person employed by the Waif The income of the Waif property after defraying the expenses of its upkeep, the management of the Waif and the payment of all taxes, etcetera, shall be utilisied for the following objects, inter alia: (1) Maintenance of poor Muslim orphans, provided they belong and continue to belong to the __________ sect. (2) Education of poor Muslim orphans, provided they belong and continue to belong to the _______ sect. (3) Medical attendance and medicine to the same class of Muslims as stated above. The mutawalli or mutawallis shall also be empowered to accept all donations, grants, presents and other property for the purposes of the Waif and may convert any such donation, grant, present or other property into any other as may be necessary for the better utilisation thereof for the purposes of the Waif IN WITNESS whereof I, the said AA, have hereto at_____________, signed this deed and assumed full control and possession of the properties hereby dedicated and mentioned in the Schedule hereto as mutawalli thereof. Witnesses: Sd. AA. 1. Waif and First Mutawalli. 2. SCHEDULE OF PROPERTY Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- APPOINTMENT OF A FRESH TRUSTEE
APPOINTMENT OF A FRESH TRUSTEE THIS TRUST DEED is made Between Mr._____________________________.____ s/o Mr. _______________________________ r/o ___________________________________, Mr.____________________________________ s/o Mr. _________________________________ r/o _____________________________________ And Mr.______________________________________ s/o Mr. ___________________________________ r/o ________________________________________ Hereinafter referred to as "the continuing trustees" of the one part AND Mr._____________________________________ s/o Mr. __________________________________ r/o _________________________________________ (hereinafter referred to as "the fresh trustee") of the other part. WHEREAS 1. A deed of trust (hereinafter referred to as "the trust deed") was executed on ________ between Mr.___________ s/o Mr. ___________ r/o _________________ (the author of the trust) and between Mr._____________ s/o Mr. _____________ r/o ___________________ and the continuing trustees whereby the said Mr.______________ and the continuing trustees were selected as trustees for the purposes stated in the trust deed. 2. The Clause ___ of the trust deed lays that if vacancy falls among the said trustees, the remaining trustees shall be empowered to select a fresh trustee for filling the vacancy. 3. The said Mr. _________________ expired on ________________/resigned with effect from ______________ thence causing a vacancy amongst the trustees. 4. The continuing trustees, due to power conferred in them under clause_____________ of the trust deed proposed to select Mr._______________________________ as the trustee in lieu of the said Mr.________________ __________________________________ NOW THIS DEED WITNESSETH AS FOLLOWS: That the continuing trustees, due to powers conferred in them under trust deed, hereby appoint the fresh trustee as trustee of said trust, for all purposes in lieu of Mr. _________________________, conjointly with the continuing trustees in the trust deed AND declare that after it the continuing trustees and fresh trustee shall be holding trust property as trustees per trust deed and act on all powers and perform all the obligations of trustees as given in the trust deed as if the fresh trustee was appointed originally as trustee under trust deed. IN WITNESS WHERE OF, the parties hereunto have signed this deed Date: Place; Witness: Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)
- DRAFT TRUST DEED (Provident Fund)
DRAFT TRUST DEED (Provident Fund) Download Word Document In English. (Rs.25/-) Download PDF Document In Marathi. (Rs.20/) DECLARATION OF TRUST is made this…………… day of………………… 2018, between…………… having its registered office at………………… (hereinafter called ‘the Company’) of the One part and (1) Shri…………………, (2) Shri………………… and, (3) Shri………………… (hereinafter called ‘the Trustees’) of the Other Part. W HEREAS THE COMPANY intends to creating a Provident Fund for the benefit of the employees; AND WHEREAS it is necessary to execute a declaration of trust in respect of the contribution of the company and of the members to the fund. THIS DEED WITNESSETH AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. That the above-nam ed persons, namely (1) Shri…………………, (2) Shri………………… and, (3) Shri………………… are hereby appointed as the first trustees for administering the Provident Fund of the Company and the income thereof as provided in the Provident Fund Rules of the Company (hereinafter called the Rules) in force for the time being. 2. That the trustees shall stand possessed of the existing fund as also all contributions made in future time to time with all accumulation to the said fund upon trust for the benefit of the employees of the company who are covered under the Rules. 3. In these presents, unless there is anything repugnant to the subject or context: (a) “The Fund” means the Provident Fund constituted by these presents. (b) “Member” means an employee of the company subscribing to the Fund. (c) “Subscription” means any sum credited by or on behalf of a member out of his salary to hisindividual account but does not include any sum credited as interest. The company by way of employer’s contribution for credit to the member’s account, but does not include any sum credited as interest. (d) “The Balance to the Credit of a Member” means the total amount to the credit of a member to the Fund at any time. (e) “The Accumulated Balance due to a member” means the balance to the credit of the Member’s Provident Fund Account or such portion thereof as may be claimable by him on the day he ceases to be a member of the Fund. (f) “Year” means the period of twelve calendar months from the 1st of July to the 30th June or such other period of twelve months as the Company may from time to time adopt for making up its own accounts. (g) “Salary” includes dearness allowance and commission, if the terms of employment so provide, but excludes all other allowances and perquisites. 4. That this Trust shall not be revocable except with the consent of all the members to the Fund. 5. That the money for the time being constituting the Fund shall be invested by the Trustees in such manner as may be specified from time to time by the Income-tax Rules, 1962. Provided that in execution of the Trust and in the performance of his duties and powers hereunder conferred no trustee shall be made liable for any loss caused to the trust arising by reason of any improper investment made bona fide and in good faith or for the negligence or fraud of any agent employed by them or by reason of any error of judgement or act, default, mistake or omission done in good faith and under bona fide relief by any trustee or by reason of any other matter or thing except wilful and individual wrong or fraud on the part of the Trustee or for breach of trust who is sought to be made liable. 6. (i) The number of trustees at all times shall be three. (ii) One of the trustees shall be nominated by the Board of directors of the company, who may be either a director or an officer of the company. The other two trustees shall be elected from among the members of the Provident Fund. (iii) The nominees of the Board of directors of the company shall be the Chairman of the Trust. The Trustees other than the nominee of the Board of directors shall be elected by ballot by members hereof and shall hold office as Trustees for 3 years, unless their seat become vacant earlier under Clause 7 hereafter. (iv) The nominee of the Board of directors of the company shall hold office until a new representative is appointed by the Board of directors to take his place. 7. The place of a trustee shall become vacant if a Trustee (a) dies, or (b) resign his office, or (c) is adjudged an insolvent, or (d) becomes of unsound mind, or (e) is convicted of an offence involving moral turpitude, or (f) in the case of a nominee of the Board of directors of the company ceases to be a director or an officer of the company and in the case of an elected trustee ceases to be a member of the fund, or (g) fails to attend three consecutive meetings of the trustees for any reason which the trustees do not consider to be satisfactory. 8. (i) Any casual vacancy under Clause 7 above shall also be filled by holding a fresh election, in case the vacancy occurs in a seat held by an elected trustee. (ii) If a seat of an elected trustee remains vacant for more than one month, the Board of directors of thecompany may fill the casual vacancy by appointing a trustee from among the members for such period as the election does not take place. (iii) The person elected or nominated to a casual vacancy shall be a trustee for the residue of the term for which the person whose place he fills would have been a trustee. 9. (i) The trustees may meet together for the despatch of business, adjourn and otherwise regulate their meetings as they think fit. The Chairman and an elected trustee shall form a quorum. Questions arising at any meeting shall be decided by a majority of votes and in case of equality of votes the Chairman of the Trust shall have a casting vote. (ii) A resolution in writing signed by all the trustees for the time being shall be as valid and effectual as if it had been passed at a meeting of the Board of Trustees duly called and constituted. 10. (i) The Board of Trustees shall be authorised to delegate any of their powers to such one or more of themselves as they may think fit, from time to time, and they may vary, alter, or rescind such powers or any of them as they from time to time think fit. (ii) No act or proceedings of the trustees shall be invalidated merely by reason of the existence of a vacancy among the trustees. (iii) The trustees shall cause proper minutes to be kept and entered in hand, in a book provided for the purpose, of all their resolutions and proceedings and any such minutes of any meeting of the trustees, if purporting to be signed by the Chairman of the trustees shall be receivable as prima facie evidence of the matters stated in such minutes. 11. The Fund shall be exclusively managed and administered by the Trustees in accordance with these rules, and the decision of the trustees upon any question relating to the fund or any rights or benefits in connection therewith or generally upon the interpretation of any provision of these rules shall be absolutely final and binding on all members, their executors, administrators, representatives, widows, or relatives and the employers. The costs, charges and expenses of administering the fund and of the determination of any question arising under these rules or otherwise, including expenses incurred by the trustees in the discharge of their duties shall be charged to the fund and may be properly paid therefrom, from time to time. Any decision of the trustees may be given under the hand of any one or more of them. 12. The trustees shall have power to employ any person or persons (including any one or more of their numbers) to do any secretarial, legal, accountancy or other work which they may consider necessary or expedient in connection with the management of the fund and to pay therefor in addition to all other proper disbursements, all ordinary or reasonable charges out of the fund. 13. (i) Every member shall subscribe to the fund at the rate of 10 per cent of his monthly salary and such percentage shall be deducted from his salary, at the time of payment thereof and shall, as soon as practicable, be paid to the trustees who shall credit the same to the account of the member in the books of the Fund. (ii) The monthly contribution payable by the company in respect of each member shall be equal to the subscription payable by each member. (iii) It shall be open for members to pay additional subscription to the Fund which shall be a definite proportion of his salary for that year as provided in the “Rules”. 14. Subject to the previous approval by the Commissioner of Income tax, the trustees shall, with the approval of the Board of directors, be competent to vary, alter, omit, modify or add to the “Rules” of the Provident Fund15. The Trustees shall maintain an account of provident fund for each member of the fund and it shall include the particulars prescribed in sub-rule (2) of Rule 74 of the Income-tax Rules, 1962, and such other particulars as the Trustees hereof may, from time to time, deem necessary and expedient. The Trustees shall furnish a statement of Provident Fund account to each member at such interval, not exceeding 12 months, in such form as the Trustees may prescribe. It shall be the duty of every member to verify the correctness of the statement as and when it is furnished to him and to bring the discrepancy, if any, to the notice of the Trustees. Such a statement shall be signed by the Trustees or by any other person specially authorised by the Trustees in this behalf. 16. The accounts of the Provident Fund Trust shall be made for each year and shall be duly audited by the auditors appointed by the Trustees with the approval of the Board of directors of the company. There shall be an annual meeting of the trustees after the close of the year and at such annual meeting of the trustees the audited accounts of the previous year of the Fund shall be presented and passed. 17. All matters of procedures and other ancillary matters not herein specifically provided for and requiring the framing of rules shall be regulated by such rules as the trustees may, in consultation with the Board of directors of the company, from time to time, make in that behalf. Without prejudice to the general powers conferred or implied in the last preceding sub-clause, the Trustees may, in consultation with the Board of directors of the company make rules: (i) regarding the advance of loans to the members, (ii) regarding the mode of election of the Trustees, and (iii) regarding the conduct of the meetings of the Trustees. 18. The Trustees shall respectively be indemnified for and against all liabilities incurred by them in bona fide execution of the Trust hereof IN WITNESS WHEREOF the parties hereto have duly executed this Trust on the date, month and year first above written. The Common Seal of the above named company was, pursuant to the resolution of the Board of Directors of the Company passed in this behalf on…………………, affixed hereunto in the presence of the authorised director of the company, who has hereunto set his hands in the presence of: WITNESS: for COMPANY (DIRECTOR) SIGNATURE OF TRUSTEES 1. 2. 3. ANNEXURE II DRAFT
- TRUST DEED FOR ESTABLISHMENT OF A TEMPLE
TRUST DEED FOR ESTABLISHMENT OF A TEMPLE THIS TRUST DEED is made between Sh.________________________________ s/o Sh. _____________________________________ r/o ________________________________________ hereinafter referred to as "the Donor" of the one part AND Sh. _________________________________________, Sh.________________________________________, and Sh.______________________________________ (hereinafter referred to as "the trustees," which expression shall include the trustee or trustees for the time being) of the other part. WHEREAS the founder is desirous of establishing a Hindu temple for worship and for promoting and encouraging Hindu culture and philosophy and for the said purpose proposes to provide a plot of land located at _____________________________ more specifically stated in the schedule enclosed hereto and also to settle a sum of Rs.________________ on trust to the trustees for building of temple at the said plot of land. NOW THIS DEED WITNESSETH AS FOLLOWS: 1. Per his desire, the Donor hereby transfers, assigns and convey, ALL that land stated in schedule I enclosed hereto and sum of Rs.____________ for establishing a Hindu temple for worship and for promoting and encouraging of Hindu culture and philosophy. 2. The trustees shall use the money as laid by the donor for building a temple on the said plot of land as per the plan given in schedule II enclosed hereto and on completion of the said temple the deities of ________________________ shall be installed thereon according to Hindu rites/ceremonies. 3. The trustees shall be empowered in appointing/removing such no. of priests for doing Puja and for celebrating festivals and other employees for the maintenance and upkeep of the temple as deemed fit. 4. The expenditure temple and expenditure on celebrating festivals shall be met out of the income of the temple i.e. donation/money offered to the deities. It is deficient, the expenditure can satisfied out of corpus of trust fund. If found surplus, the Trustees shall be empowered in investing such surplus funds in securities/bonds as deemed fit. 5. The trustees be empowered in borrowing money for the expenditure of temple against security of the trust property excepting temple. 6. The trustees shall keep a proper accounts books for donation/money offered to deities and for on expenditure spent on different accounts, daily. The trustees shall get the accounts audited by a Chartered Accountant as per enactments of Income Tax Act. 7. Only majority decision of trustees will adjudge matters of trust. 8. If vacancy falls among the trustees owing to death or resignation or incapability of any trustee or otherwise the donor shall select other trustee for fill up the vacancy and the donor is dead, the remaining trustees shall make the selection. 9. The trust shall be a public charitable trust and the trust fund shall in no case revert to the donor of the trust or any of his descendents or to any other person. 10. The trust fund shall not be used for any other object excepting those for which the trust has been made. IN WITNESS WHERE OF, the parties hereunto have signed this Date Place. Witness 1. The Founder 2. The Trustee Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)
- TRUST CREATED MADE FOR MANAGING PRESERVING OF PROPERTY
TRUST CREATED MADE FOR MANAGING/PRESERVING OF PROPERTY THIS TRUST DEED is created on this _____ day of __________ between Sh.___________ s/o Sh. _____________r/o _________________ after it referring being "the author" of the one part AND Sh. __________________________________ Sh. __________________________________, and Sh._______________________________ (after it referred as " trustees," which expression shall be inclusive of trustee/trustees for the said time ) of the other part. WHEREAS 1. The author being owner and being completely possessing immovable properties having number _________________________specifically stated in the Schedule I unclosed hereto and such other movable property as stated in Schedule II unclosed hereto ,which being his self acquired property he has full disposing power over which per Hindu law; 2. The Author is unhealthy since long and can not manage his affairs. 3. The Author being widower, without son for managing/looking after household property matter; 4. Owing to above reasons the author wishes in making a trust concerning his above stated estate on terms/conditions as appearing after it; NOW THIS DEED WITNESSETH AS UNDER: 1. The Author so transfers, assigns and conveys ALL that estates stated in Schedule I and II hereto the trustees, IN HOLDING same per trust for Author till his life time and after he expires on trust after it declared. 2. The Trustees shall deal and manage with the said estate in such way and shall use the income from said estate as most advantageous to the interest of trust. Author shall endorse and execute such documents and doing such act, deed or thing as may be validly compulsory in allowing the trustees to get such income. 3. The Trustees shall not be empowered to sell, mortgage or otherwise transfer the said immovable estate given to them as stated above without approval of the Author. 4. Till life time of Author the trustees shall spend income of said properties per instructions as given by the author and lacking such instructions, said income shall be spent on sustenance of Author and such other family members subsisting on that time and depending on him on religious, social and customary needs of the family. 5. After the Author expires, the income of said estates will be spent on sustenance on such other members of his family as subsisting on that time and on religious, social and customary needs of the family. 6. If, trustees, at any moment see that income of said estates being in sufficient for doing the objects of trust as stated before hand they shall have power to raise money by disposing off such stocks, shares or securities stated in the schedule II as they may think just. 7. If, due to death, illness, resignation or any other score, the office of trustee becomes vacant, the Author if living and bearing his proper senses, select a new trustee. If the author is dead or he is senseless, the remaining trustees shall selected a new trustee. if they cannot consents on selecting a new trustee or do not appoint the same within a reasoned time, they shall apply to court for selecting a new trustee per law as enforceable on that time in this regard . For appointing the trustee, court shall abide by the wishes if any of the author in this regard. If, till the time a new trustee is not appointed, the remaining trustees shall run/ administer the trust. 8. On the death of the Author, the trust shall cease to exist and the said properties or such portion of it as may be in existence shall at once vest in the manner following: (Give manner/details of vesting of property in such case) 9. The Author shall be empowered to cancel or alter, at any moment, per his pleasure, the trust hereby made but such cancellation or alteration will not affect any acts already done by the trustees in execution of the trust. IN WITNESS WHERE OF, the parties hereunto have signed this deed this _________ day of __________. (Schedule hereinabove referred to) Witness: Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- DEED FOR ESTABLISHMENT OF A SCHOOL
DEED FOR ESTABLISHMENT OF A SCHOOL THIS TRUST DEED is made between Sh._______________________________ s/o Sh. ___________________________________ r/o ______________________________________ hereinafter referred to as "the founder" of the one part AND Sh. ______________________________________, Sh. ______________________________________, and Sh.___________________________________ (hereinafter referred to as "the trustees," which expression shall include the trustee or trustees for the time being) of the other part. WHEREAS 1. The founder wants establishing a school for enabling better educational facilities to the children living there in ___________________________ (name of the area) 2. The founder suggest in giving a building for establishment of the school and also to settle his properties/assets more specifically detailed in the schedule unclosed hereto valuing at Rs. _________ for running, maintenance and upkeep of the said school. 3. The trustees have consented to in getting the ownership of the said properties/assets for fulfilling the wishes of the founder. NOW THIS DEED WITNESSETH AS UNDER: 1. The founder hereby transfers, assigns and conveys to the trustees All that properties/assets detailed in the schedule unclosed hereto For Holding the same to the trustees on trust that income and proceeds of said properties/assets after deducting unpaid debts, expenses on litigation/realisation etc., shall be utilised for beginning establishment expenses of the school and hence forth running, maintenance and upkeep of the said school. 2. The Trustees shall spend the whole net proceeds coming there from initially for establishing the said school and shall act effectively that the school begins functioning soon as possible. 3. The Trustees on functioning, of the school, manage the said properties properly and will spend the entire net proceeds coming there from on running, maintenance and upkeep of the said school. The Trustees shall get the buildings of the said school properly repaired, while meeting all recurring or non-recurring charges which may be compulsory for the said purpose. 4. If, at any moment net proceeds accruing from the properties/assets of the trust are insufficient for expenditure on running, maintenance and upkeep of the said school, the Trustees shall be empowered to borrow money per security of the properties/assets of the trust for defraying such expenses. 5. If, at any moment, the net proceeds accruing from the properties/assets of the trust exceed the expenses on running, maintenance and upkeep of the said school, the Trustees shall be empowered in investing such surplus funds on such securities/bonds as they considered fit. 6. Marjory of trust will only adjudge decision for matter relating trustees. 7. If vacancy amongst the trustees is cause owing to death/resignation or incapacity of any trustee or otherwise the founder shall select other trustee to fill up the vacancy and if the founder is dead, remaining trustees shall make the appointment. 8. It shall be a public charitable trust and the assets/properties of the trust shall never be reverted to founder of trust or any of his descendents or to any other person. 9. The trust fund, including the corpus and the income there from, shall not be used for other object excepting those for which the trust has been made. IN WITNESS WHERE OF, the parties hereunto have signed this deed Date Place. Witness 1. The Founder 2. The Trustee Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)
- Draft format of Private Trust Deed
Draft format of Private Trust Deed. Private Trust formation document format. Format of Private Trust Deed is given below. It is not mandatory to register a private Trust with the Registrar. But the registered private trust deed is valid for all legal purposes. Private Trust Deed can be registered with the Sub-Registrar / Registrar in the particular area. Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.35/-) ____________TRUST THIS DEED OF TRUST made this ________ day of ________, ____ by __________________, son/wife of _____________________________ residing at ____________________________________________________________, Passport No. _______________ issued from ____________ and valid upto ___________ hereinafter referred to as the Settlor (which expression shall, unless excluded by or repugnant to the subject or context mean and include his heirs, executors, successors, administrators and legal representatives) of the ONE PART, and Shri _______________________, son/wife of ___________________________, resident of ______________________________________________, Passport No. __________________ issued from _______________ and valid upto ______________. and __________________, son/wife of __________________________, residing at ______________________, Passport No. ___________________ issued from ____________ and is valid upto ____________. [hereinafter jointly referred to as the Trustees (which expression shall, unless excluded by or repugnant to the subject or context mean and include the Trustee or Trustees for the time being and the successor or successors in office of the Trustees hereunder) ]of the OTHER PART. AND WHEREAS in pursuance of the said desire prior to the execution of these presents, the Settlor has handed over a sum of Rs.5,000/- by cash to the Trustees (which fact the Trustees do hereby admit and acknowledge); NOW THIS INDENTURE WITNESSETH that in consideration of natural love and affection that the Settlor has for the beneficiaries (named hereinabove) and for diverse other good causes and considerations the Settlor doeth hereby make this declaration of trust and say that he/she has already handed over the said sum of Rs. 5,000/- (Rupees Five Thousand only) by cash to the Trustees, to have and to hold the said sum irrevocably for the use and upon Trust and for the ends, intents and purposes as contained in this Deed. AND WHEREAS at the desire of the parties settlor has now agreed to register the Deed of Trust. AND WHEREAS the settlor has constituted this Trust with the Trustees mentioned hereinabove as the first Trustees; NOW THIS DEED WITNESSETH AS FOLLOWS: 1. NAME OF THE TRUST This trust shall be known as the '_______________' [hereinafter referred to as the trust]. 2. TRUST PROPERTY For effectuating his said desire and for diverse good causes and considerations thereunto the Settlor doth hereby make over, transfer and assign to the trust the aforesaid sum of Rs 5,000/- as Trust Property, to hold the same and all rentals and other incomes generated therefrom and all monies received by way of investments made from the incomes generated thereof, for the time being representing the same together with all additions and accretions thereto and contributions and gifts and all accumulated income thereof and all other properties that may be acquired out of the same or become subject matter of the Trust (hereinafter collectively referred to as the 'Trust Properties') upon Trust to be used only for the objects and purposes hereinafter expressed with the power, provisions and / or upon the terms and conditions hereinafter mentioned concerning the same. 3. DUTIES OF THE TRUSTEES The Trustees have accepted the said trust properties and agreed to hold the same and investment thereof for the time being representing the same together with all additions and accretions thereto and contributions and gifts and all accumulated income thereof and all other properties that may be acquired out of the same or become subject to the Trust for the objects and purposes hereinafter expressed. 4. The Trustees shall hold and stand possessed of the Trust properties for the tenure of this trust and during the lifetime of and for the benefit of the Beneficiaries. 5. BENEFICIARIESThe beneficiaries of this trust shall be: ____________ aged about ___________ years son/daughter of __________________, resident of _______________________; and lineal descendent of ___________________. 6. TENURE OF THE TRUST The tenure of this Trust shall be for a period of ten years from the date of commencement of this Trust. However the Trustees may put an end to the trust at any time or continue the trust beyond the period of ten years, whichever in their discretion is in the interest of the beneficiaries. 7. PURPOSES OF THE TRUST During the tenure of this Trust, the Trustees shall as and when necessary from time to time apply whole or part of the corpus and/or income of the Trust at their discretion for the maintenance, education, medical treatment, marriage or for any other use and enjoyment of the said Beneficiaries. Upon the expiry of this trust for whatever reason, the balance of the corpus and/or the income of the trust properties will be distributed by the trustees at their discretion, to the beneficiaries 8. EXPENSES OF THE TRUST The Trustees shall meet, discharge and pay all outgoings and expenses of and incidental to the administration of the Trust out of the income and profits of the Trust properties and subject thereto shall hold, accumulate and / or apply the income and / or funds of the Trust for the intents and purposes herein declared and expressed of and concerning the Trust properties and funds. 9. POWER OF TRUSTEES TO ESTABLISH BUSINESS / PARTNERSHIP The Trustees may with the use of the Trust properties and funds for and on behalf and for the benefit of the Trust carry on by themselves or in partnership with others such business in such name or names and in such manner as they in their absolute discretion may think fit and proper and may also close and restart any such business and in the conduct and management of such business the Trustees shall have powers to do all such acts, deeds and things as they may consider necessary and expedient. 10. The Trustees may nominate any one or more of them to be a partner in such partnership business or the trustees may nominate any one among them to be a director in a company where the Trust may be competent and authorised to appoint or nominate a director on the Board, as hereinabove stated on behalf of the Trust, in such case though ostensibly such nominees may appear in such partnership as a partner in his individual name, the Trustees shall be bound to indemnify such nominee against all losses and liabilities which he / she may incur as a partner or a Director as the case may be, out of the Trust Properties. The Trustees may meet out of the incomes of the Trust properties such losses as may be incurred in any business whether carried on by the Trust itself or in partnership with others. 11. EXPENSES INCURRED BY TRUSTEES IN DISCHARGE OF THEIR DUTIES All expenses incurred by the Trustees personally in the discharge of their duties as Trustees shall be deemed to be expenses of the Trust and shall be treated as such for all purposes including the computations for the purposes of paying taxes, if any, by the Trust. 12. TAXES OF THE TRUST It must be clarified that the taxes, if any, which may have to be paid by the Trust or the Trustees as the case may be shall be provided for and/or paid out of the Trust properties before the same are utilised or in any way expended on the Beneficiaries. 13. POWERS OF THE TRUSTEESThe Trustees shall also have the following powers and authority. a) To invest the Trust properties or the income thereof either in the purchase of or construction of immovable property or for taking on lease or licence immovable property and making construction thereon either by the Trust itself or in co-ownership or in co-partnership or in the purchase of movable properties or in shares, debentures, stocks or other securities, in accordance with any law for the time being in force regarding the powers of the Trustees to invest Trust Funds, or in deposit with any individual firm or company including those in which the Trustees or any of them may be directly interested on such terms and conditions with or without any security as the Trustees may think fit and proper. b) To sell, alter, vary or transpose or otherwise dispose of or alienate the Trust properties or any investment representing the same, and to reinvest the same in any manner as the Trustee may, in their discretion, think fit and proper. c) To pay all charges, impositions and other outgoings payable in respect of the Trust properties or any property comprised in the Trust and also to pay all costs of and incidental to the administration and management of the Trust properties for the time being. d) To let out or demise any immovable property that may be comprised in the Trust properties on such terms and conditions as the Trustees may, in their discretion, think fit and proper. e) To sell, dispose of or otherwise transfer any immovable property which may be comprised in the Trust and to invest the sale proceeds thereof in any investment as the Trustees may in their discretion think fit and proper. f) To raise or borrow moneys required for the purpose of the said Trust with or without security or mortgage, hypothecation, charge or pledge of the Trust properties or any part thereof and at such rate of interest and on such terms and conditions as the Trustees may in their discretion think fit and proper. g) To compromise, compound and refer to arbitration all actions, suits, proceedings and disputes touching and concerning the Trust properties or any of them. h) To accept any gift or contribution in cash or in kind and of any property movable or immovable from any person for the objects and purposes of the Trust. i) To receive realise and / or accept any money or other property or asset for and on behalf of the Trust and to hold the same in such form or manner as the Trustees may think fit and proper. j) To appoint constituted attorneys or agents and to delegate to such attorney or agent/s all or any of the powers vested in them under these presents. k) To appoint a Secretary, Clerk or Clerks or other employees to look after and manage the Trust properties or business or affairs and to allot to such Secretary, Clerk or Clerks or other employee on such terms and conditions, such duties as the Trustees may, in their discretion, think fit and proper. 14. Without prejudice to the above and in addition thereto the Trustees shall have all such powers as may be necessary for carrying out the objects of the Trust and for performing their duties and functions under the Trust including the power to amend any of the provisions of this trust, however the trustees shall not have the power to amend, in any way, the list of beneficiaries as contained in para 5 of this Deed. 15. Any one of the Trustees shall be entitled to open and operate savings, current, cash credit, fixed deposit or any other account with any Bank/s and shall be entitled to deposit all sums that may be received on account of and for the Trust hereof whether as gifts, contribution, interest, dividend or income or otherwise and make withdrawals therefrom and to give instructions to the Bank for transfer and / or re-transfer of any amount and /or interest from one account to the other and vice-versa. 16. Any Trustee can, with the approval of the other Trustees, nominate or appoint Constituted Attorneys or Agents and to delegate to such Constituted Attorney or Agent all such duties and/or powers as may be necessary to implement and carry out and/or to execute documents in accordance with the decision of the Trustees and from time to time remove such attorney or agent and re-appoint other or others in his or their place. 17. DELEGATION OF POWERS OF TRUSTEES Any Trustee may delegate in writing all or any of his/her powers and authorities to his/her other Co-Trustees who will be entitled to exercise such power or powers in the same manner as the Trustee himself or herself could have personally done. 18. The Trustees may, by a resolution direct that any act, deed or thing required to be done or executed by them may be done or executed by any one or more of them and in such cases any act, deed or thing done or executed in pursuance of such resolution shall be valid and effectual as if it had been done or executed by all the Trustees. Such delegation of authority may be general or special. 19. The Trustees shall be at liberty to employ or engage solicitors, Advocates, Banker or any other agents as they, in their discretion, may think fit and proper in connection with any matter relating to the Trust or its affairs thereof and shall be entitled to pay all charges and expenses therefore out of the said Trust properties. 20. A Trustee shall not be responsible or answerable for any loss or any act of omission or commission by any constituted attorney or agent or employee or other co-Trustee or Trustees unless occasioned by his / her willful neglect or default. 21. ACCOUNTS OF THE TRUST The Trustees shall cause true and correct accounts to be kept of all moneys received and spent and of all matters in respect thereof in the course of management of the Trust or in relation to the carrying out of the objects and purposes of the Trust as well as of all the assets credits and effects of the Trust properties and funds. Such accounts shall be closed on 31st day of March every year or such other date as the Trustees in their discretion may decide. 22. DECISIONS BY TRUSTEES It will be the endeavor of the trustees to take all decisions unanimously however, In the case of any difference of opinion amongst the Trustees, in case there is more than one Trustee, the opinion of the majority shall prevail. 23. RESIGNATION OF TRUSTEES Any of the Trustees may resign from the office of Trustee on giving one month's notice, in writing, to the other Trustee or Trustees. 24. APPOINTMENT OF TRUSTEES The Trustees shall have the right to appoint one or more Trustee or Trustees. Notwithstanding anything contained in clause 22 hereinabove, a new Trustee shall be appointed to the Trust only with the express consent of all the surviving Trustees. 25. DEATH OR RESIGNATION OF TRUSTEES If any Trustee dies or resigns or becomes incapable or unfit to act, the continuing or surviving Trustee or Trustees shall be entitled to appoint a successor in place of the Trustee(s) dying or retiring or becoming incapable or unfit to act. 26. Upon the appointment of a new Trustee or Trustees, the Trust properties shall vest in the new Trustee or Trustees jointly with the continuing or surviving Trustees with the powers, provisions and subject to the Trust hereby created. 27. EMERGENCY POWERS Notwithstanding anything contained in this Deed, in the event of any of the beneficiaries, requiring money in an emergency, the Trustees may in their discretion, distribute any portion of the Trust Property to the Beneficiaries, to meet any such emergencies. IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above - written. SIGNED AND DELIVERED by the Settlor at ______ in the presence of sd/- 1. 2.
- PRIVATE TRUST FOR ADMINISTRATION AND PRESERVING PROPERTY
PRIVATE TRUST FOR ADMINISTRATION AND PRESERVING PROPERTY This deed of trust is made by Mr. AA .S/o............................................. R/o......................................................................................................... (Hereinafter referred as the settler) of the one part And Mr. BB son of ................................................... resident at.................. ……………………………..Mr. CC son of.................................................... resident at………………………………................. And Mr. DD son of.....................................................resident at……………………………………................ (After it called the trustees which term shall include the Trustee/Trustees for the time being) of the other part. WHEREAS The said Mr. AA possesses and owns all that estate given and specified in Schedule hereto which being his self-acquired property and bearing full disposing power on that under Hindu law. And whereas the said Mr. AA has for some time past not keeping good health and can not take care his affairs and administrator the said estates living all hopes of absolute recovery. And whereas his only son Mr. EE having long been suffering from epileptic fits is now almost unsound mind and weak intellect wholly unable to administer household and property affairs. And whereas for considerations and reasons as stated above and for due administration protection and preserving his property the said Mr. AA wants to create a trust relating his aforesaid estate in the way hereinafter appearing. And whereas total value of above stated property being estimated at Rs........................ as given in Schedule hereto. Now this deed witnesses as below: 1. This said Mr. AA per his desire and wish as aforesaid do hereby transfer convey and grant, all that estate stated in the Schedule hereto (hereinafter referred to as the trust property,) unto and to the use of the trustees to hold and have the same in trust for the said Mr. AA and after he expire trust hereinafter declared relating the same with and subject to such powers/restrictions as are hereinafter stated. 2. The trustees shall by themselves or through a representative or representatives employed by them manage and administer the trust property in such a manner as might be most beneficial in the interest of trust and shall realise the rent, dividend, interest and other income coming from the trust property and said Mr. AA shall make such formal endorsements and execute such document/documents and do such thing as may be lawfully compulsory enabling the trustees to get such income: provided that during the life time of Mr. AA or his wife with fully possessing of his senses, the trustees shall be not empowered to vend, mortgage or otherwise transfer any part of his residential house excepting with his written agreement if he is living and able to give consent or with the agreement of his wife if he is expired or can not give his consent. 3. During life time of Mr. AA, the trustees shall spend income of trust property in such a way as the said A may instruct and if he can not give any instructions the said income shall be spent for maintaining said A, his wife, his son, his son's wife and other members of his family as may for time being be in existence/dependent on him and on all religious, social and customary needs of the family. 4. After said Mr. AA expires the income from trust property shall be spent in maintaining his wife, his son, the said Mr. EE the said Mr. EE's wife and such member/members of his family as may be in existence and on all such customary, social and religious needs of the family as aforesaid. 5. If at any moment the trustees finding the income of trust property being insufficient for objects of trust as hereinbefore stated, they shall be free in raising money by selling such stocks, shares or securities stated in said schedule, as they may think fit, provided excepting of sudden, urgent and unavoidable necessity, they shall not raise more than rupees ten thousand in one year by disposing such stocks, securities or shares. 6. If due to expiry or other reason the office of a trustee falls vacant, and the said Mr. AA is living with proper senses and after he expire or if he is not in proper sense the remaining trustees shall select a new trustee or trustees if they so consent conjointly and if they can not consent on the selection a new trustee or do not select one by a reasonable time, the court may select a new trustee according to law for the time being in force in this behalf and, in such selection, the trustees or the court shall honour the wishes, if any, of the said Mr. AA's wife and the wife of the said Mr. EE stated in this behalf. Pending selection of a new trustee, the remaining trustee shall continue to manage the trust. 7. On expiry on both said Mr. AA and his son, the said MR. EE, this trust shall end. The trust property or such part of it as may be in subsistence shall at once confer on the successors and legal representatives of the said MR. EE. 8. The said Mr. AA hereby expressly retains to himself the power to alter or revoke at any moment on his pleasure the trust here by formed. Such alteration or revocation will not affect any act already done by the trustees in good faith in due execution of the trust. The Schedule Date: Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- Draft format of Charitable Trust Deed
Draft format of Charitable Trust Deed. Charitable Trust formation document format Format of Charitable Trust Deed is given below. The Trust Deed should be registered with the Sub-Registrar / Registrar in the particular area. DECLARATION FOR TRUST Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.45/-) ( TRUST) THIS DECLARATION OF TRUST made at------------- this day of by Shri , son of , by caste , by occupation , residing at ____________________(hereinafter referred to as the 'Founder') is as follows:- WHEREAS the donor had dedicated and endowed a sum of Rs. 5,100/- (Rupees Five thousand and one hundred only) and has created a charitable trust for the benefit of the public which is being called as Charitable Trust, subject to the following terms and conditions as set out hereunder:- AND WHEREAS it has now been considered as expedient and desirable to reduce the terms and conditions of the creation of the above said charitable trust in writing:- AND WHEREAS with a view to secure proper and permanent administration of the Trust, it is considered to execute a formal Deed of Trust: NOW THIS DEED WITNESSETH and it is hereby declared as follows:- 1) The name of the Trust shall be __________________ (hereinafter referred to as the 'Trust'). 2) The above said sum of Rs. 5,100/-(Rupees Five Thousand & One Hundred only) shall be the property of the Trust. 3) The term 'Trust Property' shall mean and include the said sum of Rs. 5,100/-(Rupees five thousand and one hundred only) all additions and accretions hereto, the income thereof and the acquisition therewith in whatever form and all other property which may from time to time vest in, or come from any source to, the Trust. 4) The Head Office of the Trust shall be situated at ________________________ but the Trustees shall be at liberty to transfer the same to such other place as may be determined by them from time to time. 5) The objects of the Trust shall include the following:- (a) (i) To open, found, construct, establish, takeover, equip, promote, conduct, maintain, support, subsidise, grant aids, to make donations to hospitals, schools, colleges, pathshalas, boarding houses, reading rooms, libraries, art, music or literary societies and other institutions, educational or otherwise, associations, printing presses, journals, newspapers, periodicals and other publications for imparting or developing commercial, industrial, legal, medical engineering, scientific or other knowledge or training. (ii) To give stipends, scholarships, travelling expenses, allowances and monetary aids to students and scholars in India and abroad; (iii) To open, found, establish, equip, finance, assist, maintain, or contribute to technical, industrial, or commercial concerns, institutions, associations, or bodies imparting any type of training or providing employment to persons; (iv) To open, found, conduct, maintain or contribute to the opening and maintaining of such institutions where work at living wages can be provided to poor and deserving people or which are conducive to the benefit of the poor and the development of industries; (v) To promote the well-being of humanity by establishing or assisting the formation or aiding of humanitarian institutions and to start, encourage, promote or support institutions and societies to harmonise social and economic interest of the peoples of the world and to unite them in such a manner as may best ensure the attainment of proper shelter, food and clothing by them, as well as ensure peace and happiness of the humanity at large; (vi) To open, found, build, equip, takeover, conduct, maintain and grant aids to dispensaries, maternity homes, hospitals, lunatic asylums or any other institutions of the like nature; (vii) To found, construct, maintain, support, assist or grant aids or subscriptions to places for cultural, social or other discourses; (viii) To erect, construct, establish, takeover, maintain poor houses, dharmasalas, parks, bridges, bathing ghats, cremation grounds etc for the use of the public. (ix) To help widows, orphans, lunatics and indigent persons and to give relief to the poor and distressed; (x) To give relief, by subscription or otherwise, during famine, flood, earthquake, pestilence or any other calamity; (xi) To establish, help or maintain institutions for the cultural, social or economic advancement within the country; (xii) To revive, investigate, promote and spread the ancient science of astrology, jyotish and astronomy. (xiii) To give donations, subscriptions or contributions to any other charitable Trust; (xiv) To subscribe to such other charitable objects as the Trustees may deem proper. (b) For the purpose of carrying out the aforesaid object, the Trustees may (i) Purchase, or otherwise acquire any property, rights, leases and concessions etc; (ii) Purchase or otherwise acquire, start, establish, equip or close any business, undertaking or industry; (iii) Purchase, acquire or undertake the whole or any part of property and liabilities of any person, firm or company; (iv) Train persons in any business or industry and grant them stipends, allowances or bonuses as may be determined by the Trustees from time to time; (v) Enter into all necessary contracts incidental or conducive to the fulfillment of the aforesaid objects, provided that the income and profits derived from these shall be utilised for the objects and in the manner provided in this Trust Deed. 6. The Trust Property shall vest in the Trustees who shall hold, manage, and administer the same in accordance with the terms and conditions set out herein. 7 a) There shall not be less than three and not 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. c) The power to fix the number of Trustees from time to time, to vary the maximum or the minimum number or to appoint new or additional Trustees, to fill up any vacancies, the conditions on which any or these Trustees are appointed, or the manner, if any, in which their successors are to be appointed, shall vest in the Founder. The maximum or minimum number of Trustees fixed by the founder shall not be altered except by him/her. d) The Founder and after him/her, or even in his/her lifetime, if he/she so desires, the Board of Trustees shall in accordance with the terms of this Deed, select, appoint and co-opt one or more Trustees. Such selection, appointment and co-option shall be made by a majority of three-fourth of the number of Trustees and persons so appointed shall hold office and be liable to retirement as herein mentioned. The term 'three-fourths' when it is not a complete integer, shall mean, if the fraction is not less than half, the next higher and when the fraction is below half, the next lower integer. e) The Founder shall hold office as Trustee for his/her lifetime. The other Trustees shall ordinarily hold office for three years, but they shall be eligible for re-appointment after their retirement on the expiry of the term. Provided that any such Trustee shall also cease to be a Trustee when he is requested in writing by all the other Trustees, without assigning any reason therefore, to vacate his office. f) After the death of the founder, in case the requisite number of Trustees either to fill up the minimum number of Trustees is not appointed by the Board of Trustees due to failure of three-fourth majority, the matter of selection and appointment of a suitable person shall be preferred to the Chief Justice of the Supreme Court of India and the selection and appointment made by him, in accordance with the provisions herein, shall be binding on the then Board of Trustees. In case the said Chief Justice refuses to do so or is not successful in selecting a Trustee, the appointment shall, by appropriate proceedings, be made by the Court having jurisdiction in the matter. 8. The Founder shall have the power to nominate any one of the Trustees to be the Chairman of the Board of Trustees for such period as he may determine. After his death, the Board of Trustees may appoint any one of themselves as Chairman for such period as they may determine from time to time. 9. The Trustees shall carry out the aforesaid objects of the Trust from out of the Trust property and from its income. 10. The Trustees shall have full powers to do everything in or for the furtherance of this Trust or beneficial or conducive thereto, subject to the conditions laid down in this Trust Deed. 11. The Trustees shall have full power and discretion to acquire, hold, carry on and manage any trade or business or any part thereof, and to employ the whole or any portion of the Trust property or any funds of the Trust in such trade or business, or in running concerns or managing agencies, or in securities or shares and debentures of public or private limited companies or other investments and realise or vary the same or any branch or portion thereof, as they may deem proper from time to time, provided however, that the income profits and gains thereof shall be utilised and applied only for and on behalf of the Trust as provided herein. 12. The Trustees shall be entitled to sell all kinds of assets and property of the Trust or any part thereof or exchange the same for equality of exchange. 13. The Trustees may lease or let out on rent or royalty and land or building or any part thereof belonging to the Trust or acquired or constructed for the purposes of the Trust or any land or building vested in it, or sub-lease or give right to exploit any concessions or licenses on such rent or royalty to any person either from year to year or for a term of years and on such other terms and covenants as they may think fit and the rent or royalty so received shall form part of the income of the Trust and be accordingly. 14. The receipt of the Trustees for any money payable to the Trust upon any sale or exchange or for any rent reserved upon any such lease as aforesaid or otherwise shall be sufficient discharge for the same to any purchaser, mortgagor, lessee or other person dealing with the Trust and such purchaser, mortgagor, lessee or other person shall not be bound or concerned to see to the application of the said money. 15. The Trustees may, at any time, if they consider it necessary or beneficial to the Trust, raise or borrow money for the use and benefit of the Trust on any terms, and on any security or otherwise, as they may consider proper. 16. (a) The Trustees may accept donations and contributions, as gifts or otherwise from any person, corporation, institution, State or Government of any country or from any other Trust; and all these may be accepted in any form, such as money, bullion, ornaments, machinery, workshops , factories running concerns, stores, raw materials, fabricated goods, finished goods, managing agencies, royalties, rights, licenses, concessions, useful animals and movable or immovable property of all kinds. Provided, however, that the Trustees may decline to accept any such donations or contributions at their discretion without assigning any reasons therefor. b) Such donations, if accepted by the Trustees, shall be dealt with, as regards their investment and disposal, by the Trustees according to the wishes (if any) of the donor, unless such wishes are in violation of any law or in derogation to the objects of the Trust, and, in absence of any Specific directions by the donor, they shall be dealt with according to the decision of the Trustees. 17. a) The Trustees may deposit any money, subject to the terms of this Trust Deed and whether required for the expenses of the Trust or not, in any Bank or in any Joint Stock Co and withdraw the same from time to time as they may decide. They may open accounts with any Bank or banking institution. b) No portion of the Trust money shall be lent to, or kept in deposit with, any of the Trustees or any firm in which any of the Trustees may be a partner, nor shall any of the Trustees apply any portion of the Trust property or fund for his own use or benefit either directly or indirectly. 18. The Trustees shall cause to be kept true and correct, accounts of all assets and liabilities and money received and expenses incurred by them in respect of the Trust, and once in every year such accounts together with a balance sheet shall be examined, audited and certified by such auditor or auditors as may be appointed by the Trustees from time to time on such remuneration or otherwise as they may decide. These annual statements of audited accounts shall be adopted and signed by the Trustees soon after the same are ready as stated herein. b) All the main account books of the Trust shall be kept at the head office of the Trust or at such other places as the Trustees may decide. The branches of the Trust, wherever established, may if desired by the Trustees, maintain separate accounts of their own, which shall be incorporated in the Head Office accounts and when considered proper and convenient but not later than the annual closing. 19. a) The Trustees are authorised to carry on the administration of the Trust in the manner they may consider best, and for the administration of the Trust, including the purpose or policy thereof, they may frame schemes, rules and regulations and may decide the same from time to time as deemed fit. They may also form committees or sub-committees for the purpose of the administration of the Trust or for management of its properties and business. 20 The Founder may appoint any one or more Trustees as Managing Trustee or Managing Trustees and shall have the power to cancel and vary such appointments. After the death of the Founder, or earlier at his discretion, this power shall vest in the Board of Trustees. To the Managing Trustee (or Managing Trustees) may be delegated such powers as the Founder or the Board of Trustees respectively, as the case may be, may decide from time to time by executing a power of attorney or otherwise authorising the said Managing Trustee (or Managing Trustees) to act jointly or severally and with or without power to sub-delegate any of such powers to any other person considered fit by the Managing Trustees for that purpose. 21. The Trustees may appoint paid or honorary Secretary or Manager and other officers and staff to manage and administer the Trust and to maintain the books of accounts of the Trust as well as to carry out correspondence and all other business on behalf of the Trust, as may be necessary, and pay their remuneration. 22. The Trustees may, in the conduct of the Trust business, employ agents and other employees and pay them salary or commission as they may, at their discretion, consider necessary, and delegate to or confer upon these agents or employees such authority and power on behalf of the Trust, as the Trustees may deem proper. 23. The Trustees for the time being shall meet at least once in every calendar year and at a time and place to be decided by them for the purpose of transacting the business of the Trust, and the decision of the majority of the Trustees shall regulate such business, provided always that it shall be open to the Trustees to make rules and regulations relating to such meetings and the conduct of their business. 24. Any Trustees may call a meeting of the Board of Trustees by giving each Trustee one week's notice or such shorter notice as the Trustees may decide from time to time. No notice of meeting need be sent to a Trustee who is not in India at the time such meeting is held. A notice calling a meeting of the Trustees may be issued by the Secretary or Manager of the Trust 25. The quorum for a meeting of the Board of Trustees, unless otherwise determined, shall be two. But this shall not effect the power and right of the continuing Trustee to appoint another Trustee to make up the quorum so long as the number is below that. 26. Any resolution signed by a majority of the Trustees, on circulation to all the Trustees, shall be as good as passed in a meeting of the Board of Trustees. 27. The decision of the majority in case of difference of opinion amongst the Trustees in any matter shall be final. The chairman of a meeting of the Board of Trustees in a matter of tie will have a casting vote. 28. The Trustees shall not be entitled to any remuneration, but they may be paid all reasonable travelling and other expenses for attending meetings of the Board of Trustees or in connection with the business of the Trust, provided however, that the Managing Trustee/s may be paid any honorarium for special services to the Trust, as may be unanimously decided upon by the Board of Trustees from time to time. 29. In the professed execution of the Trust and powers hereof, no Trustee shall be liable for any loss to the Trust property arising by reason of any investment made in good faith or for the negligence or fraud of any agent or employee, employed by him or her or by any other Trustee, although the employment of such agent or employees was not strictly necessary or expedient, or by reason of any strictly necessary or expedient or by reason of any mistake or omission made in good faith by any Trustee, or by reason of any other matter or thing, except willful fraud or wrong act on the part of the Trustee who is sought to be made liable. 30. The Trustees shall not spend the trust fund outside the country without the prior approval of CBDT and funds of the trust shall be invested as per the provisions of the Income Tax Act 1961. 31. The aims, objects, purposes, pursuits and other provisions of this Trust Deed have been framed and laid down in accordance with law so that this Trust shall never fail. But if any time the Trustees find or come to know that any provision herein is invalid or contrary to law, it shall be their duty to cancel, and treat as cancelled, such particular provision so that the other provisions hereof may not be rendered invalid or otherwise affected. In the interpretation of this Deed words imparting the singular number include where the context admits or requires, the plural number and vice versa. (Donor & Trustee)
- Charitable Trust Deed Format
Charitable Trust Deed Format Download Word Document In English. (Rs.45/-) Download PDF Document In Marathi. (Rs.40/) This Trust Deed is made and executed at ——————, on this ————-, between Mr. ——————–, hereinafter called the SETTLER/CHAIRMAN.ANDMr.————-, hereinafter called the TRUSTEE (Managing Trusty). The expression ‘The Settler/Chairman’ The Trustees ‘shall unless excluded by the repugnant to the subject or context, be deemed to include their legal heirs, successors, legal representatives, Administrators and assigns. WHEREAS The said Settler /Chairman is desirous of creating and forming of an endowment by setting apart and establishing a fund for the General Public, religious and charitable objects and purpose in India and abroad , hereinafter expressed and the above mentioned all trustees have at the request of the said settler/chairman agreed to act as trustees of the said trust. AND WHEREAS, In order to effectuate the said object of forming, creating and establishing a public charitable Trust the said Settler has delivered and made over to the Trustees a sum of Rs——————- with intent to part with all rights, title and interest claim therein and vest the same in the Trustees to have and hold the same and investment or investment for the time being representing the same and also the aforesaid trustees herein were cherishing the laudable idea of funding a trust for charitable purpose and in the pursuance of the above objects and uses hereinafter expressed with the powers, and on the terms and conditions and provision contained of and concerning the same :- NOW THIS DEED OF PUBLIC CHARITABLE TRUST WITNESSETH AS UNDER: The main features and shape of the Present establishing Trust shall be as under :- NAME OF THE TRUST: The name of the Trust shall be ———–HEAD OFFICE—————- The head office of the said trust shall be situated at ———- TRUST DEED: The amount contributed by the founder/settler & Trustees shall and will stand possessed the same upon the trust and also the trustees may from time to time receive for augmenting the trust funds as donations, gifts, interests, loans to capital deposit amount of Rs.10,000/-(Rupees ten thousand only)etc. for the General public and General Purpose of the trust fund of the trust arising from the subscriptions, donations, grants, or otherwise from any sources and also of any investment etc. representing the same, (HEREINAFTER CALLED ‘THE TRUSTEE’) Further-more the net income from the said trust fund, to apply both the capital and income of the said trust fund for the purpose and betterment of the aims and objects only of the said trust. Read Now – Cancellation of Sale Deed Process TRUST PROPERTIES: The Trustees shall stand and possessed of the said amount of corpus and such other properties, both movable and immovable as may be acquired from time to time by the Trust, viz. by purchase, exchange, grants subscriptions, or the endowment donations gifts, contribution or in any manner whatsoever all of which shall be designated ‘THE TRUST PROPERTIES’ of the Trust herein mentioned above. EXECUTIVE BOARD OF TRUSTEES: That all the trustees of the said trust shall be called ‘THE EXECUTIVE BOARD OF TRUSTEES’ LIFE MEMBER. The above mentioned three trustees of the said trust shall be called ‘THE LIFE MEMBER TRUSTEE’. FOUNDER MEMBERS: The above said settler/chairman/founder of this Trust and all the said Trustees i.e., shall be called ‘THE FOUNDER OF THE SAID TRUST’ THE MANAGING TRUSTEE: The trustee No.1 shall be the Managing Trustee of the said trust. After her, the remaining trustees, for the time being, shall elect one of themselves as the Managing Trustee. It shall, however, be opened that the Managing Trustees shall be elected by 2/3rd majority of the said Board of Trustee of the said Trust, in the General Meeting of the Board. WHO MAY BE APPOINTED AS TRUSTEE: Any person may be appointed as Trustee or trustees of the said Trust appointed by the majority of 2/3rd of the present Trustees and with the consent of the Settler/Chairman. THE MINUTES BOOK: It shall be kept by the managing trustee Minutes Book is an office book in which the presence of every trustee and all proceedings of the meeting of the Board of trustees shall be recorded in the minutes book and shall be signed by Chairman of the meeting either at the conclusion thereof or at the next meeting when it they shall be confirmed. BANK ACCOUNT: The Trustees shall have to deposit the trust money or any portion thereof in any nationalized Bank, such account can be operated jointly by the signatures of Chairman/Managing Trustee and any other trustees, who hold the office of Cashier/Treasurer of the said trust. BOOK OF ACCOUNT: A proper and regular account of all accounts, receipts and expenditure of the said trust shall be maintained regularly. AUDIT: On the 31st day of March of every year, General Account shall be taken of all the assets and liabilities of the trust and an income & expenditure account for the whole year and a balance sheet as on the 31st day of March shall be passed by the Trustees. The accounts of the trust shall be audited annually by a Chartered Accountant appointed by the Trustees for the purpose. DISSOLUTION OF THE TRUST: That the above said Trust shall be dissolved at any time by 2/3rd majority of the present trustees but no profit shall be used by any trustee or settler of the said Trust. The Trust fund, properties either movable and immovable shall be spent only for the welfare of the poor and General public or to other Trust/society having the similar aims and objects. JURISDICTION OF THE COURT: Only the competent courts of Delhi shall entertain all the legal proceedings, cases and suits related to the said Trust. THE AIMS AND OBJECTS OF THE SAID TRUST 1. To promote welfare, social-cultural, charitable, health education, humanitarian, and relief activities that will protect, safeguard, improve the quality and raise the standard of human life, particularly economically weaker sections of the society, irrespective of caste creed, race colour, sex or religion so that they may lead healthy, happy contented and dignified life. 2. To help and collaborate in establishing and running medical centres, old age homes, Ashrams, rehabilitation, institutions for the destitute, vocational training centres for the handicapped and self job-oriented activities for the unemployed. 3. To offer scholarships, stipends and financial support to deserving students in pursuing higher studies in medicine Art, science, Engineering and computer technology. 4. To undertake and support any program or projects that provide educational, recreational, social cultural and spiritual activities with the sole purpose of promoting peace, love, tolerance and national integration among the various communities of the country and Nationalities of the world. 5. Sponsorship of economically weak persons for institutional care. 6. Collaboration with other voluntary organizations to accomplish the above objects. 7. Affiliation with other national and international organizations engaged in welfare, health education, National integration, and peace-promotion activities. 8. Regular dialogue and rapport with central, State Government and N.G.O’s to elicit support and cooperation in fulfilling the aims and objects of the organization (Charitable Trust ). 9. To acquire immovable and movable properties by purchase lease, mortgage, gifts, grants, legacy, bequest, exchange, right privilege from any person/s, company, society, Government cooperative bodies or institutions whatsoever and to hold movable and immovable properties lawfully held of all descriptions. 10. To erect/build residential complexes, hostels, hospitals and any other type of building or structures whatsoever, to further any objects of the Charitable Trust and to maintain, manage, control, improve, alter, repairs, demolish or reconstruct the same or any portion or portions thereof. 11. To receive by way of gift, whether in cash money or property movable or immovable, donations and contributions in any legal form, including legacy, behest, wills, trusteeship, etc, for the benefit of the Charitable Trust. 12. To alienate by way of sale, mortgage, lease, charge transfer all or any part of the property of the Charitable Trust. 13. To invest and reinvest any funds or money of the Charitable Trust in the interest of the beneficiaries of the Trust. 14. To execute such agreements, conveyances, transfers, leases licence, mortgages, documents, etc. as may be deemed necessary to carry out the objects of the Charitable Trust. 15. To borrow and or raise any funds with or without security in any manner the charitable trust may think to repay the same. 16. To negotiate with or enter into arrangements with different authorities, bodies, industrial houses for grants, allowances, rights, concessions, and privileges, etc. that may be beneficial to the charitable trust beneficiaries. 17. To use all the income from the properties movable or immovable or from the earning of the Charitable Trust as such whose soever derived from, solely for the advancement of the objects. And that no portion of it be distributed or disbursed among the Trustees by way of profits, bonuses or dividends. However, nothing herein contained shall prevent the payment in good faith in the shape of remuneration or reimbursement to any Trustee for any services rendered to the charitable trust or expenses incurred thereto. 18. To appoint or to remove staff of different graces, prescribe their duties, assignments, service conditions and to fix their wages, remunerations and perquisites, etc. 19. To perform all acts as are incidental and conducive to attainment of all or any of the objects of the Charitable Trust. 20. The income and earnings of the charitable trust shall be utilized to attain the aims and objects of the organization as desired by the Trustees of Charitable Trust. 21. To undertake ad promote human resources in the field of social work and in other science relating to social action for world peace. 22. To undertake and maintain and assist any relief measures in those parts which become subjected to natural calamities such as flood, fire, drought famine, cyclone, earth-quake epidemics, storm, accidents, pestilence, etc. 23. To give, provide and/or render, help and assistance to a and/or implement any scheme for providing livelihood and upliftment of the poor. POWERS, FUNCTIONS, RIGHTS and DUTIES of THE TRUSTEES The powers, functions, rights and duties of the above said trustees shall be as under:- 1. Without effecting the generality of powers and duties and functions of the trustees to manage and administer the trust ,The Board of Trustees shall have the following functions:- i) To borrow if needed be against the security or the assets of the trust by way or bank overdrafts loan or otherwise, as may be necessary, for the benefits of the trusts provided, however, the trustees unanimously agreed on such borrowing and limits to the terms of this decision or agreement and or authorize two or more of the trustees to execute such documents, deed, papers., etc. and as may be necessary for connection the Trust. ii) To arrange for and/or authorize the signing or execution of any agreement, contract, installment, document or any other paper in writing require to be signed or executed on behalf of the trustees by any two of the trustees to be nominated in this behalf by the Board of Trustees & with the consent of the settler and to make the same effective and binding as if the agreement of contracts instrument or documents or papers or writing were signed by all the trustees. iii) To appoint or make provision for the appointment of a sub Committee of Trustees and/or others to attend or to supervise or conduct specified jobs or functions of the trust matters in such manners and subject to such Rules and Regulations as The Trustees may prescribed. 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 manners and subject to such terms and conditions, Rules and Regulations as the Board of Trustees may from time to time make as they think fit and proper. v) To spend any portion of the corpus fund or the income of the trust for purchasing any land or construction any or building for the Trust. 2. Trustees shall have full powers to determine the programs of the Trust by organizing, suggesting, or by adopting or rejecting the proposals from the public and may delegate any of the powers of professionals or administrative staff whose reports of and activities shall be arranged to be received periodically to control and to give guidance in this regard thereto. 3. The Trustees shall have powers from time to time to make and alter or amend the Rules and Regulations if needed, with the consent of the settler, so made this regard of which any power or duty is vested in them, as they may think fit and proper. 4. The Trustee may appoint advocates, secretaries, Engineers, Surveyors, or other employees for the purpose of management and supervision of the Trust estate, funds for collection of rents, effects and profits, for keeping the account and records and for other purposes of the Trustee. 5. The Trustees shall have full power to compromise or compound all actions, suits, and other proceedings and settle difference and disputes touching the trust estate(s)and /or the trust properties and to refer any such differences, 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 and effectually without being liable or answerable for any bonafide losses occasioned thereby. 6. The veto of the majority of the members shall prevail and in the event of tie, the chairman of the meeting shall have the power of casting of his/her vote. 7. Any Resolution passed by the 2/3rd majority of the present trustees, with the consent of the settler for the benefits and the same shall be prevail and applicable to the members. 8. A person shall cease to be trustee, in case, if he/she dies or if becomes bankrupts or becomes in same or otherwise incapable to act or if any trustee or trustees resigns from his/her/their, or removed by the Board of Trustees with the consent of the said settler, by 2/3rd majority, shall be removed from his/her office. 9. If anyone or more of the objects specified herein these presents are held not to be objects of a public charitable nature the trustees shall not carry out such objects or object as if the same are not incorporated in these present but the validity of the trust created by these presents as a trust shall not be affected in any manner. NO PERSON BEING: i) An un-discharged ,insolvent or ii) Convicted of an offence involving moral turpitude, or iii) Of unsound mind, or iv) A minor. SHALL BE ELIGIBLE TO BE A TRUSTEE: That any intellectual person or persons or professional individual may be appointed and elected as a trustee of the said Executive Board of Trustees by way of special consideration either by money, work or eligibility by 2/3rd majority of the present trustee of the said Board. IN WITNESSES WHEREOF the above said Settler/Trustees have signed this Deed of Trust in the presence of the following witnesses: WITNESS: 1 2 SETTLER
- Draft for Society NGO Format
Draft for Society NGO Format MEMORANDUM OF SOCIETY Download Word Document In English. (Rs.25/-) Download PDF Document In Marathi. (Rs.20/) 1 NAME OF THE SOCIETY. The name of the society shall be i. REGD. OFFICE:- ii. AIMS AND OBJECTS:- The aims and objects of the Society, for which the same is established, are as under:- To provide sound education to the children of all communities irrespective of their race, religions, cast or creed in general and to prepare them to become nature and responsible citizens of the country through the all round physical intellectual, academic, mental and spiritual development based on values derived from the life. To start establish, run take over, or manage and maintain schools, with an object secondary senior secondary, and higher education to children by seeking recognition and affiliation from the education departments and concerned Government authorities. iii. To open, found, establish, promote, set up, run, maintain, assist, finance, support and/or aid and help in the setting up the different kinds of schools, colleges, lecture halls and other establishments or institutions for advancement of education and of knowledge in arts, science, literature, humanities and all the useful subjects in all their manifestations. To arrange and manage the training institutions in Typing, Short – hand, Computer information technology, Fine Arts, Craft, Music, Painting, Modeling, Yoga, Physical Education and in their professional training subjects. To promote literacy, cultural and other social activities of Awareness Programs, Adult Education Classes, Lectures, Essay Competitions Exhibitions, Symposium, Cultural programs, Press Conference and Seminars. To provide food, clothing, medical aid stationery, transportations, libraries, laboratories, reading room, hostels play ground swimming pool and other required facilities to the students and also to the members of the society. vii. To establish and manage various kinds of Educational, Vocational, Industrial, Agricultural, Research and framing Institutions to introduce and develop the professional courses and also to arrange/provide all kinds of educational facilities to the students, scholars, trainees and to other needy candidates. viii. To establish, among the develop such out of school activity centers for the children of the under privilege class/section of society where they could have the benefits and joy of participating in sports, games artistic activities, like clay and wood work, music, dance, painting and also organize educational trips. To institute scholarships and help to deserving students and to institute and award prizes, in recognition of excellence in academic performance of students. To meet traveling, boarding and lodging expenses for the students going abroad for higher education and also help them in all possible ways. To promote fine art, crafts among the public including establishment and maintenance of Shilpa Shikshalayas, Kala Kendras (relating to music, dance & modeling) etc. xii. To follow the ideology of great men and National Leaders who scarified their lives for the causes of depressed, deprived, SC & ST’s, Bengali Community/backward classes minority groups and for other needy peoples. xiii. To provide free concessional education to the poor, helpless and needy children/students. xiv. To engage, employ or hire appropriate staff, workers, legal or other professionals, attorneys, managers and Agents fr the Work and furtherance of the aims and objects of the society and to pay their wages, salaries stipends or fees. To receive financial assistance (in the shape of loan or otherwise) from Government, Non-Government organizations, banks or any other legal entity or individual on reasonable terms and conditions. xvi. To borrow or receive money (with interest or without interest) and upon such terms and condition as are approved by the Government body of the society. xvii. To accept donations, grants, presents and other offerings (in the shape of movable or immovable properties) and the same shall be utilized by the promotion of aims and objects of the Society. xviii. To raise funds and resource for the attainment of any of the aims and objects of the society by all lawful means including investment of the funds, donation, fund – raising campaigns, cultural programs, sale of literature, property development, rent from the building etc. xix. To conduct research in education and other discipline with different subjects relating to education. To arrange and organize social, cultural, educational and child welfare programs/activities from time to time. xxi. To publish books, charts, illustrations, journals, magazine, periodicals, news papers and other publications on different subjects and in different languages. xxii. To conduct coaching classes for preparation of the various competitive examinations. xxiii. To make correspondences in lawful manner to solve the problems of the society like recognition of the schools/institutions engaged by the above society. xxiv. To erect, construct, after maintain, sell/lease, mortgage, transfer improve, manage and/or develop all or any part of the property/building of the society for attainment of Aims and objects of the Society. xxv. To purchase/acquired land for different establishments and to construct building/Mandir thereon for the case of society. xxvi. To purchase construct the building, hostels, houses or structures and/or modify, renovate the building or alter such existing buildings as may be necessary for the purpose of the society and to maintain such building in good condition. xxvii. To purchase or hire permanently or temporarily and vehicle or vehicles for transportations of the students and those buildings in good conditions. xxviii. To do or perform any other act which may be incidental or completive to the attainment of any of the object of the above society. xxix. To arrange and organize Durga Pooja, Religions Functions, Bhajan Kirtan etc. from time to time. xxx. To approach concerned authorities regarding the solution of problems of the society or the problems of the Bengali Community General Public. xxxi. To provide social-economic help/assistance to poor and needy people. xxxii. To provide free medical aid and start Charitable Hospital//Dispensary for the General Welfare of General public. xxxiii. To arrange activities for the safety of wild animals, and to make improvement in safety of the wild animals and to show mercy towards them. xxxiv. To provide electricity and water facilities in locality. xxxv. To make arrangement for the roads in the rural area of the locality and to approach the concerned authorities to regularize the colonies and to make the improvement in the locality. xxxxvi. To arouse the general public towards the aids and to inform the general people about the dangerous deceases of the aids and to make arrangement for safety of the same. All the income, earning, movable & immovable properties of the society shall be solely utilized and applied towards of the promotion of its aims and objects as set for in the memorandum of association. No profit on there of shall be paid or transferred directly by way of dividends, bonus, profits or in any manner whatsoever to the present or future members of the society or any person, through any one or more of the present of the future members. No member of the society shall have any personal claim on any movable or immovable properties of the society or make any profit whatsoever by virtue of this membership.