DEED OF TRUST
This Deed of Trust is executed on this
Xxxxxxxxth day of Xxxxx 20XX by Shri
Xxxxxxxx, S/o Xxxxxxxxx, aged xx years,
residing at, “XXXXX” Xxxxxxx, Xxxxxxx, Xxxxxx,
Udupi Dist., hereinafter called the AUTHOR of
the Trust.
WHEREAS the author of the trust is desirous of
constituting an irrevocable public charitable
trust for the purposes hereinafter appearing and
to execute a Deed of Trust setting forth the
terms, conditions and provisions thereof for the
proper, permanent and efficient administration of
the trust.
NOW THIS DEED OF TRUST WITNESSES AS
FOLLOWS:
1) Name of the Trust: The name of the Trust shall be
Xxxxxxxx Xxxxxxxxx.
2) The author of the Trust transfers to the Trust a sum
of Rs. 1000/- (Rupees One Thousand only) to be held
by the Trustees for the benefit and use of the trust
and has vested the same in the Trustees for the
purpose of the Trust.
3) Registered Office of the Trust: Office of the Trust for all
legal and practical purposes shall be at Xxxxxxxxxx,
Xxxxx, Xxxxxxxx, Kundapura taluk, Udupi District,
Karnataka, PIN xxx xxx.
4) Objectives of the Trust
a) EDUCATION:
i. To establish, maintain, run, develop,
improve, adapt, extend, grant,
donate for and aid in the
establishment, maintenance,
improvement and extension of
Schools, Colleges, Polytechnics,
Vocational Guidance and training
Centers, Research Centers, Audio
Education Centers and such other
educational and training
establishments for the benefit of
general public for the purpose of
diffusion of knowledge.
ii. To institute studentships,
scholarships, stipends, Medals,
Prizes, etc., to help and encourage
deserving students and improve
monetary aid to poor and needy
students, scholars, teachers for
pursuing their education.
iii. To establish, maintain, develop and
donate for the establishment,
maintenance and development of
Book Banks, Libraries and Reading
Rooms.
iv. To organize, conduct and assist in
organizing, conducting lectures,
seminars, symposia, and debates on
Arts, Science, Commerce, Culture,
Fine arts and other subjects of
academic interest to students.
v. To do all that is necessary for and
incidental to the purpose of achieving
the objects (i) to (iv) above.
b) RURAL DEVELOPMENT:
i. To undertake rural sanitation and
aforstation programmes in villages.
ii. To provide information about and
training on modern agricultural
practices for the benefit of farmers; to
organise workshops on modern
agricultural practices.
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iii.
To establish, maintain, run, develop,
improve, extend, grant, and donate
for and to aid in the establishment,
maintenance, running, development,
improvement and extension of
institutions for differently abled and
physically handicapped children.
iv. To provide for the relief of the aged
and senior citizens.
v. To establish, maintain, run, develop,
improve, extend, grant, and donate
for and to aid in the establishment,
maintenance, running, development,
improvement and extension of
institutions for rural development.
vi. To do all that is necessary for and
incidental to the purpose of achieving
the object (i) to (v) above.
c) MEDICAL RELIEF:
i. To establish, maintain, run, develop,
improve, extend, grant, donate for
and to aid in the establishment,
maintenance, running, development,
improvement and extension of
Hospitals, Clinics, Dispensaries,
Medical Laboratories, research Units,
Mobile Hospitals and Dispensaries
and similar institutions affording
treatment, cure, rest, recuperation
and other medical relief to the public
including relief to the aged, the
physically handicapped and the
mentally retarded.
ii. To establish, maintain, develop and
donate for the establishment,
maintenance and development of
Blood Banks and Medicine Banks
and to organize Blood Donation
Camps.
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iii. To organize, run and assist in
organizing and running of free
medical camps in rural areas.
iv. To extend financial and other
assistance to individuals and
institutions for prevention, cure and
alleviation of human diseases and
sufferings, howsoever caused.
v. To do all that is necessary for and
incidental to the purpose of achieving
the objects (i) to (iv) above.
d) RELIEF TO THE POOR AND THE NEEDY:
i. To provide monetary and other
assistance to the poor, especially
Scheduled Castes and Scheduled
Tributes for house construction, for
provision of drinking water, etc., and
associate, co-operate with other
agencies with similar objectives.
ii. To give food, clothing and cash grants
to the poor and to grant donations for
the inmates of orphanages, rescue and
rehabilitation centers and similar
institutions.
iii. To maintain, run and assist in the,
provision of mid-day meals, poor
feeding and the like.
iv. To help the poor, the downtrodden, the
economically and culturally backward
people to improve their moral,
economic and cultural standards of
life.
v. To help and render relief to the people
in distress caused by famine, flood,
fire, etc.,
vi. To do all that is necessary for and
incidental to the purpose of achieving
the objects (i) to (v) above.
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e) ASSISTANCE TO YOUTH:
[Link] inculcate in the youth the spirit of
self-help, self-reliance and service to
humanity.
[Link] organize the youth-particularly the
rural youth and to encourage and involve
the youth in social work, particularly in
rural areas, in program for poverty
alleviation, adult education, health,
hygiene, etc.
[Link] help the unemployed and under-
employed youth by providing employment
opportunities, by providing information
regarding employment opportunities, by
providing assistance to take up self-
employment vocations, etc,
[Link] bring about awareness in the younger
generation about ecology, forestry, social
forestry, environmental hygiene, etc.
[Link] do all that is necessary and expedient
for the purpose of achieving objects (i) to
(iv) above.
f) OTHER OBJECTIVES:
[Link] bring about in the general public,
particularly the younger generation and
students, better awareness of and
appreciation for Indian culture and our
rich heritage, Fine-arts, Folk-arts and
Crafts, Folk Theatre, Folk dances, etc., by
encouraging, promoting, aiding,
organizing, assisting in organization of
and providing infrastructure for cultural
program/shows, traditional dances, folk
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dances, dramas etc., lectures and
demonstration.
[Link] promote, establish, aid and assist in
establishing, run and manage centers,
institutions, etc., for coaching and
training in folk arts and crafts, dances
and dramas, particularly Yakshagana,
and to assist schools and colleges in
establishing special courses in
Yakshagana, folk arts, crafts, dances,
dramas, etc.
[Link] promote, organize, encourage and
provide facilities for sports, games,
physical health and exercise, Yoga, etc.,
for the benefit of students and youth.
[Link] render and cause to render to
agriculturists advice, assistance,
guidance, etc., in improved methods of
farming and marketing and organize
training camps, demonstrations, etc., for
the purpose.
[Link] organize activities in rural areas to
enable rural women to improve their
economic and social well-being.
[Link] encourage social work and reorganize
and honor social workers who have
excelled in the field of social service.
[Link] bring about in the general public,
particularly the younger generation and
students, patriotism and love for the
motherland.
[Link] bring about in the general public,
better awareness of their civil rights and
duties.
[Link] co-operate with and participate in the
activities of other organizations with
similar objectives.
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[Link] do all that which is necessary and
expedient for the purposes of achieving
the objects (i) to (ix)
5) Terms of the trust
THE BENEFITS OF THE TRUST SHALL BE OPEN TO
ALL IRRESPECTIVE OF CASTE, CREED OR RELIGION.
a) The funds and income of the trust
shall be solely utilized towards the
achievement of objects and no portion
of it shall be utilized for payment to
Trustees by way of remuneration,
profit, interest, dividend, etc.
b) The Trust hereby created shall be
IRREVOCABLE.
c) The „Trust Property‟ shall mean and
include the said sum of Rs.1000
(Rupees one thousand only) set apart
by the Author and further grants,
donations and contributions of money
and/ or property, movable or
immovable, that may be made by the
Author or others from time to time and
other accumulations and accretions
thereof and funds that may be
collected by the board of trustees
through charity shows, programs,
hundi collections, etc.
d) The Trust property shall vest in the
Board of Trustees who shall hold,
manage and administer the trust in
accordance with the terms and
provisions hereof.
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6) The Trust shall be managed by a Board of Trustees
consisting of a minimum of one and a maximum of
fifteen trustees.
7) THAT the Trustees nominated for the purpose of
carrying out the objects and aims of the Trust, for
the present are the following;
i) Shri Xxxxxxxxxxx, S/o Xxxxxx, aged xx years,
residing at, “XXXXX” Xxxxx, Xxxxxx, Kundapura,
Udupi Dist.
ii) Shri Xxxxxxxxxxx, S/o Xxxxxx, aged xx years,
residing at, “XXXXX” Xxxxx, Xxxxxx, Kundapura,
Udupi Dist.
iii) Shri Xxxxxxxxxxx, S/o Xxxxxx, aged xx years,
residing at, “XXXXX” Xxxxx, Xxxxxx, Kundapura,
Udupi Dist.
iv) Shri Xxxxxxxxxxx, S/o Xxxxxx, aged xx years,
residing at, “XXXXX” Xxxxx, Xxxxxx, Kundapura,
Udupi Dist.
v) Shri Xxxxxxxxxxx, S/o Xxxxxx, aged xx years,
residing at, “XXXXX” Xxxxx, Xxxxxx, Kundapura,
Udupi Dist.
8) That among these Trustees, Shri Xxxxxxxxx,
shall be the Managing Trustee of the Trust for the
time being.
9) The Author of the Trust at any time and from time
to time may fix or vary the number of trustees,
appoint/nominate new or additional Trustees, in
consultation with the Board of Trustees.
10) The Author of the Trust is empowered to
remove any Trustee/s after consulting the board of
Trustees.
11) Notwithstanding what has been stated in the
preceding paragraphs, any of the Trustees may
retire after giving a calendar month‟s notice in
writing of his intention to do so to each of the other
Trustees for the time being holding that position
and upon acceptance or on the expiry of one month
from the date of receipt of the letter, the Trustee
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giving such notice shall ipso-facto cease to be the
Trustee of the Trust.
12) In case of any vacancy arising among the
Trustees, occasioned by retirement, resignation,
death or incapacity or otherwise, the Author shall
have the power to fill up the vacancy, in
consultation with the Board of Trustees.
13) The Managing Trustee shall preside over the
meetings of the Board of Trustees.
14) In case of absence of the President, the senior
most Trustee by age of the remaining trustees shall
preside over the meeting.
15) In case of death, incapacity or unwillingness of
the Author of the Trust to continue as a Trustee,
the remaining Trustees shall take all the decisions
those should have been taken by the Author of the
Trust.
16) POWERS AND DUTIES OF THE BOARD OF
TRUSTEES: Without prejudice to the generality of
powers, the Board of Trustees shall have the
following powers.
a. To administer and to appoint, fix salary scales,
punish, suspend or dismiss any salaried
servant of the trust and its undertakings and
institute P.F. and gratuity scheme for them
and provide amenities to the staff, to collect
security deposit from salaried servants and to
appoint auditors, advocates, consultants for
the Trust and fix their remuneration.
b. To delegate any powers as they can lawfully
delegate to any other person and to execute
such powers as they may think fit for the
purpose.
c. To convert, to call in, to sell or otherwise
dispose of any investments comprised in the
Trust property and to re invest or to change
the nature of any other investment contained
therein.
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d. To invest Trust monies in scheduled banks,
co-operative banks, Government securities, or
other investments as provided in section
13(1)(d) of the Income Tax Act, 1961, read with
section 11(5) of the said Act, or any
amendments made thereto.
e. To open and operate bank accounts in any
scheduled bank or co-operative bank. One or
more Trustees may be authorized by the Board
of Trustees to operate such accounts.
f. To purchase properties and assets, movable
and immovable, for the Trust and to sell any
movable/immovable property belonging to the
Trust.
g. To let any portion of immovable property
forming part of the Trust Fund, at such rent
and for such periods and on such terms and
conditions as they think fit and accept
surrender of any lease.
h. To borrow funds with or without security of
the assets of the Trust and to mortgage,
hypothecate, charge, encumber, any assets or
property, movable or immovable, whenever
necessary for and incidental to the purpose of
achieving the objects of the Trust.
i. To accept gifts, donations or contributions in
so far as they are not inconsistent with the
objects of the Trust.
j. To enter into contract on behalf of the Trust
and to rescind them.
k. To receive, collect, enforce recovery, of all
monies, dues payable to the Trust and grant
necessary receipts and discharges.
l. To institute, prosecute, defend all suits and
legal proceedings.
[Link] incur all necessary expenses from the
corpus or income of the Trust in connection
with the Trust and matters incidental thereto.
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n. Generally, to do all such acts and things as
are calculated to fulfill the objects of the Trust
and matters incidental thereto.
17) The powers of the Trustees shall be so
exercised as to ensure that the income of the Trust
would be exempt under section 11 of the Income
Tax Act 1961 read with section 12 and 12A
amended from time to time. The power of
investment of Trust funds shall be exercised in
accordance with the provisions of section 11(5) read
with section 13(1) (d) of the said Act so as to ensure
exemption under Income Tax Act 1961.
18) Any or all the powers of the Board of Trustees
can be exercised by the Managing Trustee or any
other Trustee or group of Trustees on being so
authorized by the Board of Trustees.
19) The Board of Trustees may appoint a „working
committee‟ consisting of active members of the
public to implement the policies, programs and
activities of the Trust. The composition of such
committee, its functions, powers, etc., may be
determined by the Board of Trustees.
20) The Trustees shall keep proper books of
account of the income and expenditure of the Trust,
which shall be closed every year on 31st March. The
accounts of the Trust shall be audited by a
chartered accountant or a firm of chartered
accountants, and an audit report shall be obtained
as per the provisions of the section 12A of the
Income Tax Act 1961 read with rule 17B of the
Income Tax Rules 1962, or as per any other
relevant provisions of the said Act or Rules or any
amendments made thereto or as per the relevant
provisions of any other Act.
21) The Trustees shall at all times stand
indemnified in respect of any act that they have
been bonafide done in respect of matters relating to
the Trust, but they shall not be entitled to any
remuneration.
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22) Subject to anything otherwise contained in
any other clauses of the Trust Deed, any decision
taken by the majority of the Trustees including the
Managing Trustees of any Trust meeting of the
Trust shall be valid and binding on all the Trustees
and powers so vested in or exercisable by the
Trustees shall be valid and binding in the Trust.
23) A minute book shall be kept at the office of the
Trust. Minutes of all the meetings, appointment
and entry into the office of every new Trustee and
all other Proceedings of the Board of Trustees shall
be entered and recorded in such minute book and
shall be signed by the Chairman of the meeting
either at the conclusion thereof or at a subsequent
meeting when they are duly confirmed.
24) AMENDMENTS TO THE TRUST CLAUSE: The
Trustees by a majority resolution are empowered to
alter the rules governing the administration of the
Trust in a manner not inconsistent with the objects
of the Trust. However, no amendment shall be
made which may prove to be repugnant to the
provisions of sections 2(15), 11 to 13 and 80G of
the Income Tax Act 1961 and no amendment shall
be carried out without the prior approval of the
Commissioner of Income Tax.
25) DETERMINATION OR DISSOLUTION OF THE
TRUST: In the event of dissolution or winding up of
the Trust, the assets remaining on the date of
dissolution or winding up shall under no
circumstances be distributed among the Trustees
but the same shall be transferred to another
charitable trust, society, association or institution
whose objects are similar to those of this Trust and
which enjoys recognition under section 80G of the
Income Tax Act 1961.
26) The provisions of Indian Trust Act 1882 and
any amendments made thereto shall apply to all
matters not specifically mentioned in these
presents.
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IN WITNESS WHEREOF THE AUTHOR HAS SET HIS
HAND ON THIS DAY, MONTH AND YEAR FIRST
HEREINABOVE MENTIONED.
WITNESSES
AUTHOR OF THE TRUST
1.
2.
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