Model Trust Deed of A Public Charitable Trust
Model Trust Deed of A Public Charitable Trust
Model Trust Deed of A Public Charitable Trust
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n/a
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Points: 583
(Hereinafter called " The Trustees" which expression shall unless repugnant to the context 1/12
(Hereinafter called " The Trustees" which expression shall unless repugnant to the context
or meaning thereof be deemed to include the survivors or survivor of them and the
trustees or trustee for the time being of these presents and their heirs, executors and
administrators of the last surviving trustee, their or his assignees) of the other part;
WHEREAS the party hereto of the first part is possessed of the sum of Rs. ___________/- (Rs.
__________ Only) as his absolute property and he is desirous of creating a Religious/
Charitable/Educational Trust for the benefit of the humanity at large.
AND WHEREAS each of the parties hereto of the "Other Part" has individually and jointly
has agreed to act as Trustees of the Trust, proposed by the party of the first part.
AND WHEREAS nothing contained in this deed shall be deemed to authorize the trustees to
do any act which may in any way be construed statutory modifications thereof and all
activities of the trust shall be carried out with a view to benefit the public at large, without
any profit motive and in accordance with the provisions of the Income-tax Act, 1961 or any
statutory modification thereof.
AND WHEREAS the trust is hereby expressly declared to be a public charitable trust and all
the provisions of this deed are to be constituted accordingly.
1. SETTLEMENT
The party of the first part, the settlor, does hereby settle the sum of Rs._______ /- (Rs.
__________ only) in Trust, with the name and for the objects hereinafter stated, by delivering
the said amount in cash which the party of the other part, the Tustees, have accepted the
receipt of which they do hereby acknowledge, to hold the same in and to the Trustees with
the powers and obligations as provided hereinafter.
2. NAME
The name of the Trust shall be "____________________________".
3. PLACE
The principal office of the Trust shall be situated at ______________________ or such other
place as the Trustees may from time to time decide. The Trust may also carry on its work at
any other place or places, as decided by the Trustees.
4. OBJECTS
b. Medical – to run, maintain or assist any medical institution, nursing home or clinics or
to grant assistance to needy and indigent persons for meeting the cost of medical
treatment.
c. Relief of the poor – to give financial or other assistance in kind by way of distribution
of books, notebooks, cloths, uniforms, or meals for the poor and indigent and to the
persons suffer due to natural calamities.
PROVIDED the Trust may assist/donate the other TRUST to carry out the various objects
mentioned in the objects clause in such manner and to the extent the Trustees may decide
upon from time to time.
5. FUNDS
The Trustees may accept donations, grants, subscriptions, aids or contributions from any
person, Government, Local authorities or any other charitable institutions, in cash or in
kind including immovable property without any incumbrance, but the Trustees shall not
accept any receipt with any condition or terms inconsistent with the objects of the Trusts.
While applying such receipts to the objects, the Trustees shall respect the directions, if any,
by the granter. Any receipt with specific direction to treat the same as part of the corpus of
the Trust or separate fund shall be funded accordingly.
6. INVESTMENTS
ii. That the trustees shall invest the trust fund, carry on any
business with the trust fund and/or enter into partnership on behalf of the trust, as they
may deem fit.
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iii. That the trustees shall manage the trust fund and investments
thereof as a prudent man would do the same. They shall recover all outstandings and
meet all recurring and other expenses incurred in the upkeep or management thereof.
iv. That the trustees shall receive and hold the income of the trust
on behalf and for the benefit of the beneficiaries under the trust.
7. POWER OF TRUSTEES
That the trustees shall have the following powers :
vi. to open the bank accounts in the name and on behalf of the trust
and to operate the same;
vii. To enter into a partnership on behalf of the trust with any other
party or parties;
ix. To file suit on behalf of the trust and to refer to arbitration all
actions proceedings and disputes touching the trust properties and to compromise and
compound the suits filed;
8. The number of the trustees shall not be less than two but not more than five.
9. In case of any difference between the trustees, the opinion of the minority shall
prevail.
10. Every trustee will be at liberty to nominate or appoint attorneys or agents and to
delegate all or any of the duties and powers vested in him to such attorney or agent, and
to remove such attorney or agent and reappoint other or others in his place.
11. No trustee shall be responsible or liable for any loss or any act of omission or
commission by his constituted attorney or agent or employees or other trustees unless
occasioned by his wilful neglect or default.
12. Any of the trustees may retire on giving one month’s notice in writing to the other
trustee(s).
13. If any trustee dies or retires or becomes incapable or unfit to act, the continuing or
surviving trustee or trustees shall appoint a successor in the place of such trustee.
14. If at any time the number of the trustees is less than two, the existing trustee shall
appoint one or more trustees.
15. Upon the appointment of a new trustee the trust properties shall vest in the new
trustee jointly with the continuing or surviving trustees, with the duties and power of the
trustees set out hereinabove in this deed.
16. If the trust is determined by efflux of time, the corpus of the trust shall be divided
amongst the beneficiaries in the shares as fixed by the trusees.
. The Trustee shall keep proper books of account of all the assets,
liabilities and income and expenditure of the Trust and shall prepare an Income and
Expenditure Account and Balance Sheet for every year as on the last day of March.
19. IRREVOCABLE
This Trust is irrevocable.
20. AMALGAMATION
The trustees may amalgamate the trust with another Charitable Trust or Institution having
similar objects with prior permission of the Charity Commissioner/Court/any other law as
may be applicable for the time being.
21. WINDING UP
In the event of dissolution or winding up of the Trust the assets remaining as on the date
of dissolution shall under no circumstances be distributed amongst the Trustees but the
same shall be transferred to some other similar Trust/Organisation whose objects are
similar to those of this Trust with the permission of the Charity Commissioner / Court / any
other law as may be applicable for the time being.
The Trustees shall be indemnified against all losses and liabilities incurred by them in the
execution of the Trust and shall have a lien over the funds and properties of the Trust for
such indemnity.
IN WITNESS WHEREOF, The Parties hereunto have signed and delivered the presents on
the day and year first hereinabove written.
SETTLOR 6/12
SETTLOR
1. 2. TRUSTEE ____________
2. 3. TRUSTEE ____________
Reply
On 12 February 2008
Thanks for the model. It will be better in the interest of all members to share this
document in the share files section so that we can download the same.
Reply
On 14 February 2008
Reply
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On 18 February 2008
anupam_advocate
n/a
Likes: 7
Points: 583
welcome sanjay
Reply
On 18 February 2008
anupam_advocate
n/a
Likes: 7
Points: 583
welcaome prakesh
Reply
On 15 May 2008
Bindu
Junior Lawyer
Likes: 1
Points: 572
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SIR, THIS IS JUNIOR ADVOCATE BINDU, NEWLY JOINED THE CLUB. YOUR DRAFT IS VERY
HELPFUL I WOULD REQUEST THAT IF YOU CAN SHARE PROCEDURE FOR FORMNATION OF
CHARITABLE TRUST & THE DEED REGISTERATION.
Reply
On 04 October 2010
ajit a satnak
credit control exe
Points: 22
Thanking you sir. I am also interested to know the procedure for formation of a charitable
trust
Reply
On 08 March 2011
anuradha
STUDENT
Likes: 3
Points: 53
Sir,
Reading the format of the trust deed it is clear to quite an extent what are the
rights/powers and liabilities if a TRUSTEE. But what I am quite curious to know what are
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rights/powers and liabilities if a TRUSTEE. But what I am quite curious to know what are
the rights, liabilities and duties of a Settlor, who is in a way an initiator of the whole
idea.
Regards.
Reply
On 08 March 2011
Likes: 325
Points: 16721
The basic details have been given but you have to persue with local charity commissioners
office.
Reply
On 08 March 2011
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