DEED OF TRUST OF TEMPLE PROPERTY

(RELIGIOUS TRUST)

THIS DEED OF TRUST is made at………this…………day of……….. between

Mr…………..hereinfter referred to as 'the Settlor' of the One Part and (1) (2) (3) hereinafter
collectively referred to as 'the Trustees' of the Other Part.
WHEREAS -
(1) The Settlor owns a piece of land situate at……….and more particularly described in the
Schedule hereunder written.
(2) The Settlor has constructed a building on the said land, in the nature of a Temple and has
installed therein the image or idol of the Deity of……..after performing due ceremonies
according to Hindu shastras.
(3) The Settlor desires to dedicate the said temple to the public and, therefore, proposes to
transfer the said temple property to the Trustees including the Settlor for being held on the
following trust and which the Trustees have agreed to do.
(4) The Settlor has also set apart a sum of Rs………as the initial Trust
Fund to enable the Trustees to manage the said Temple as hereinafter provided and the sum is
handed over to the Trustees by crediting the same in an account opened in the name of the
Trustees with the Bank of at
NOW THIS DEED WITNESSETH that pursuant to the premises the Settlor doth hereby grant
and transfer, all that piece of land together with the Building standing thereon
situated………….and more particularly described in the First Schedule hereunder written and
together with all the liberties, privileges, easements, and other appurtenances belonging to the
said land and building AND TOGETHER with all rights title and interest of the Settlor into and
upon the said piece of land and building and other the premises hereby granted and transferred
TO HAVE AND TO HOLD the same unto the Trustees but upon the use and trusts and subject to
the powers, provisions, directions, terms and conditions hereinafter mentioned and subject to the
payment of all taxes dues and duties payable to the Govt. or Municipal Corporation or any other
local authority. AND IT IS HEREBY DECLARED AS FOLLOWS
(1) This trust will be known as…………Temple Trust.
(2) The Trustee shall, invest the said amount of Rs……….and all other moneys forming part of
the Trust Fund as hereinafter defined in trust securities prescribed by law including fixed
deposits with any nationalised public Banks or in bonds and other securities offered by Public or
Government Corporations or companies but not in shares of and fixed deposits with any
commercial company or corporation in the private sector. The Trustees will be entitled to change
the investments from time to time as required but shall not trade in such investments for profit.
3. The expression 'Trust Fund' appearing herein will mean the said sum of Rs…….and will
include or will be deemed to include all moneys received as donations or gifts or by sale or other
disposal of any trust property, moveable or immoveable including moneys offered before the said
deity from time to time and at all times and all moneys received or recovered by way of income
or profits or gains from the Trust Fund or properly or in any other form or by any other way
whatsoever.
4. The expression 'trust property' appearing in this deed will mean the said temple property
described in the Schedule hereunder written and hereby granted and all other moveable and
immoveable properties or other intangible rights received by the Trustees by way of donations,
gifts or purchase or other mode of acquisition and all articles and things offered
to or before the deity or otherwise received or recovered by any other mode or in any other way
whatsoever.
5. The Trustees shall, out of the gross income from the Trust property and Trust Fund pay all the
liabilities by way of taxes and other levies payable to the Government or municipality or any
other local authority and all other outgoings for repairs and managing of the Trust property
including the salaries or wages payable to the servants and other employees employed by the
Trustees for the management of the Trust property and otherwise authorised by this Deed or in
law.
6. Any moneys received by the trustees on any account shall be first credited to the account or
accounts opened by the Trustees in one or more Bank or Banks and no moneys so received shall
be spent or utilised directly in making any expenses except expenses not exceeding a sum of
Rs………at a time. All expenses to be incurred will be made by drawing moneys by cheque from
one or the other Bank account.
7. The Trustee shall keep one or more boxes properly locked and scaled and permanently fixed or
fastened to any permanent fittings in the temple for collecting or receiving the moneys offered by
the devotees visiting the temple and such box or boxes will be opened by them at the end of each
week or earlier if necessary in the presence of the two trustees or any one trustee and any
employee of the Trust and moneys will be collected and shall be directly deposited in the Bank
account. A separate book will be maintained for the purpose and entries of such moneys will be
made in the book against each date or time the box is opened.
8. The keys of such boxes will be retained by the Managing Trustee or any Manager if appointed.
All the offerings before the Deity by way of moveable articles will be collected every day and
will be collected and kept at a safe place and will be sold by auction and at such reasonable
intervals as the Trustees may think fit except such articles as are perishable by their nature and
which will be distributed among such needy people as the Trustees may think fit.
9. The Trust temple will be kept open to the public for such period or periods every day as the
Trustees may decide from time to time, but otherwise it will be open to all persons irrespective of
any caste or creed, The actual temple premises shall be used and allowed to be used only for
worship and any programme or function related to such worship
and not for any other purpose.
10. All expenses of and incidental to the daily pooja and occasional poojas and of all other
functions or religious ceremonies held in the Temple will be borne and paid out of the income of
the Trust Fund.
11. The Trustees shall celebrate the birthday of the deity every year and hold such other religious
functions including Kirtans and pravachanas as they may think fit.
12. The Trustees shall not accept any money or other donations for performing casually or
otherwise religious ceremony or duty from the members of the public though the Trustees may
allow the Pujari to do so on his own responsibility.
13. The Trustees shall be entitled to employ other servants for main tenance and up keep of the
Temple including a manager, accountant, clerk or watchman and pay the wages and other
emoluments as may be fixed by the Trustees from time to time which will be paid out of the
income of the Trust Fund.
14. The Trustees shall have power also to engage the services of architects, chartered
accountants, lawyers and other professionals for advice or attending to any work in connection
with the Trust from time to time and to pay their fees and other charges out of the income of the
Trust property and fund.
15. The Trustees shall be entitled to carry out repairs and or renovations or additions to the
temple building from time to time, and meet the expenses therefor out of the corpus of the Trust
funds but the Trustees, shall have no power to sell the said temple property described in the
Schedule hereunder written or any part thereof or mortgage the same or to create any charge
thereon. The Trustees, however, will have the power to purchase or otherwise acquire any
immoveable property including any flat or other premises in a Co-operative Housing Society or
an apartment ownership if it is in the interest of the Trust, but not otherwise, and also power to
sell or give on lease or tenancy any such property purchased or otherwise acquired if it is in the
interest of the Trust to do so.
16. If after meeting all expenses of and relating to the maintenance and upkeep of the said
Temple property and the holding of Pujas or other functions in the temple and payment of all
other liabilities any income still remains at any time or from time to time the Trustees will have
power to spend the same on any of the following charitable objects viz.
(a) in giving donations to any educational or medical or other charitable institution.
(b) in meeting the costs or expenses of medical treatment required to be given to any deserving
poor patient who cannot afford to meet the same otherwise.
(c) in helping any persons, directly or indirectly, who are affected by calamity such as
earthquake, fire, floods or other accidents.
17. The Trustees shall from time to time open in their own names or in the name of the Trust one
or more accounts or account, current or saving, with any one or more Banks as they may think fit
and any two of the trustees (and during the life time of the settlor as trustee, he will be one of
them) shall be entitled to operate the same by drawing, accepting endorsing and otherwise
negotiating cheques, or other negotiable instruments, withdrawing moneys thereform from time
to time and otherwise operating the same.
18. For the purpose of increasing the income of the Trust, the Trustees shall be entitled to
construct any hall or other premises or accommodation for holding Temple functions or for
letting out the same for functions by others on such terms and conditions as the Trustees may
think fit but in such case the Trustees shall keep the premises of the temple free from any
disturbance or encroachments or use in connection with such function and shall not cause any
interference with or annoyance to the worshippers visiting the temple.
19. The Trustees shall keep the said temple property as well as all other immoveable property
and valuable moveable property insured for a reason able amount or amounts against fire, theft
and other accidents as they think fit and shall keep the insurance alive all the time,
20. The Trustees will have power to accept any donation of any property moveable or
immoveable or of moneys or securities provided such donation is not onerous or against the
interest of the trust and the conditions if any imposed are not inconsistent with the provisions of
this Deed or contrary to the main object of this trust.
21. During the time the settlor is a trustee of this trust, he will act as Managing Trustee of the
Trust, and after he ceases to be a trustee, the trustee shall appoint a Managing Trustee from
among themselves. In the absence of any agreement between the trustees as to who should be the
Managing Trustee, the senior most in age among them would act as the
Managing Trustee.
22. Any of the powers and authorities by this trust given to or vested in the Trustees may at any
time, when there is more than one Trustee, be exercised by a majority of the Trustees and without
the concurrence, or with merely a formal concurrence of any Trustee who by reason of illness,
infirmity or otherwise may be unable, without inconvenience, to take an active part therein and
such Trustee may in order to facilitate business, by power of attorney or otherwise, empower any
of the other Trustees to use his or her name for execution or signature of documents or for any of
the purposes of this Trust without being responsible for loss and all the acts and proceedings of
the majority of the Trustees shall in such case be valid and effectual as if they had all concurred
therein. All acts, proceedings and exercise of discretion of the majority of the Trustees shall be
absolutely binding on the remainder of the Trustees.
23. The Trustees shall have full power to file and defend suits, appeals, applications etc. and for
any one of them to declare, sign and verify, all plaints, written statements, memos of appeals,
cross objections, applications, affidavits etc. and to accept writ of summons, notices etc. and to
appear in any Court of law or Tribunal or before any Govt. Officer in connection with such legal
matter or any other matter concerned with the Trust and other proceedings and all differences
disputes and demand and to refer any such difference, dispute or demands to arbitration and
adjust, approve and settle all accounts relating to the Trust Fund and to execute all releases and
discharges and to do all other things relating thereto.
24. The receipt of the Trustees or any of them for the purchase money of any property hereby
directed or authorised to be sold or for any other moneys paid and for any securities transferred
to them by virtue of these presents or in the execution of any of the Trusts or powers hereof shall
effectually discharge the person or persons paying or transferring the same therefrom or from
being bound to see at the application or being answerable for the loss or misapplication thereof.
25. The Trustees shall be responsible for their own individual acts and defaults only and not for
the acts or defaults of the other or others nor for the acts or defaults of any banker, broker,
auctioneer or other persons into whose hands any trust property consisting of securities or money
or the income thereof shall in the ordinary course of business come or for the depreciation of any
property or securities nor for any mistake or error of judgment committed by them in regard to
the choice of the recipients of the benefit of Trust premises or the objects thereof in any
particular case or cases or otherwise howsoever except for their wilful acts and default only.
26. The Trustees shall pay themselves and defray and satisfy out of the trust funds for the time
being all expenses which they may reasonably have to incur in and about the execution of the
trusts and powers herein contained and the administration of the Trust premises hereby
effectuated, including the premia for the insurance of the Buildings for the time being subject to
the Trusts hereof but the Trustees shall not be personally responsible for any loss arising in
consequence of any accidental omission to insure any building against risk from fire or other
risk.
27. The Trustees shall cause proper accounts to be kept of the Trust premises and all additions
thereto and the income thereof respectively and the accumulations of such income and the
application thereof from time to time and shall on checking the same sign the account books
twice in each year. The account books so signed by the Trustees shall be examined audited and
certified by one or more properly qualified auditors or auditor once in each year and the audited
statements of account shall likewise be signed by all the Trustees.
28. The Trustees may at some convenient place in and at convenient intervals hold meetings
from time to time as occasion shall require, for the transaction of the business of the Trust.
29. Any one Trustee may convene a meeting of the Trustees for the transaction of any particular
business and any business may be disposed of by a circular instead of at a meeting unless
majority of the Trustees think otherwise.
30. Atleast two clear days’ notice shall be given to the Trustees as to the place, hour and day of
the meeting and of the nature of the business to be transacted thereat.
31. The original minutes of the proceedings of every such meeting shall be deposited at the office
of the Trustees who shall provide for the safe custody thereof.
32. If and so often as any of the Trustees hereby appointed or any future trustees or trustee of
these presents shall die or go to reside out of India or refuses or becomes unfit or incapable to act
in the Trusts of these presents or shall be adjudged insolvent or if the settlor or the Trustees for
the time being shall be desirous of appointing additional Trustee or Trustees hereof with them, It
shall be lawful for the Settlor during his life and after his death for the surviving or continuing
Trustees or Trustee for the time being of these presents or if there shall be no surviving or
continuing trustee then for the retiring or refusing trustees or trustee or the heirs, executors or
administrators of the last acting trustee to appoint any other person or persons to be a trustees or
trustee in the place of the
Trustee or Trustees so dying or going to reside abroad or desiring to retire or refusing or
becoming unfit or incapable to act as aforesaid or to appoint an additional trustee or trustees as
aforesaid with liberty upon such appointment to increase or diminish the original number of
trustees which shall never be less than three or more than five and upon every appointment made
under this clause the Trust premises hereby settled and the investment for the time being thereof
shall be so transferred as to become vested in the new trustees or trustee jointly with the
continuing trustees or trustee or solely as the case may require and every trustee so appointed as
aforesaid may as well before as after such transfer act as fully and effectually as if he had been
hereby constituted a trustee, provided that, every such trustee hereafter appointed shall be a
devotee of the said Deity.
33. In all cases of difference of opinion amongst the trustees as to whether a particular act should
be done or omitted to be done in the execution of the trusts hereof or as to the powers and
authorities herein contained or as to the true intent and meaning of any of the clauses or trusts
hereof the same shall be disposed of and dealt within accordance with the opinion of the majority
which shall be final and conclusive. In case of an equality of votes the Managing Trustee shall
put a second or casting vote.
IN WITNESS WHEREOF the Settlor and the Trustees have set their respective hands the day
and year first hereinabove written.

THE SCHEDULE ABOVE REFERRED TO:

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Signed and delivered by)
the withinnamed Settlor ]
in the presence of ]
Signed and delivered by ]
the withinnamed Trustees )
(1) )
)
)
in the presence of )